Updated

This is a rush transcript from “Special Report” November 10, 2020. This copy may not be in its final form and may be updated.

BRET BAIER, FOX NEWS ANCHOR: Good evening, welcome to Washington. I'm Bret Baier.

Breaking tonight, President Trump is sticking to his prediction that he will be reelected once massive ballot counting abuse he says is exposed. He also says his efforts to challenge election totals are making big progress and we'll see results starting next week.

We have not seen the details from the cases. The Trump campaign insists will lead to massive changes in the states needed for the president to win.

That said, federal prosecutors are becoming involved in fraud investigations while president-elect Biden is taking congratulatory calls from world leaders. We will talk with Secretary of State Mike Pompeo about all of that in just a moment.

Chief White House correspondent John Roberts, though starts us off tonight, as he often does on the North Lawn. Good evening, John.

JOHN ROBERTS, FOX NEWS CHANNEL CHIEF WHITE HOUSE CORRESPONDENT: Bret, good evening to you. There are growing calls tonight from Democrats and some Republicans for the president to concede the election and allow a transition to begin.

But for the moment, the president and some very powerful allies are saying patience.

(BEGIN VIDEOTAPE)

ROBERTS: President Trump staying out of public view again today but making his thoughts clear on social media tweeting, watch for massive ballot counting abuse and just like the early vaccine, remember I told you so. The president adding, we will win.

On Capitol Hill, Vice President Mike Pence brushing off questions as to whether President Trump should concede.

UNIDENTIFIED FEMALE: Mr. Vice President, is it time to concede? Is there really any evidence of fraud?

ROBERTS: While overturning the current vote count may be a big hill for President Trump to climb; his efforts are getting support from the most senior members of his party, including Senator Mitch McConnell.

SEN. MITCH MCCONNELL (R-KY): I think we ought to quit all the hand-wringing and not act like this is extraordinary. We're going to get through this period and we'll swear in the winner on January the 20th 2021, just like we have every four years since 1793.

ROBERTS: The Trump campaign continues to collect affidavits and sworn declarations from election workers detail and what exists is evidence of voting irregularities. Those documents have been forwarded to the Department of Justice, where Attorney General Bill Barr has instructed investigators to examine them.

In a memo, Barr saying, such inquiries and reviews may be conducted if there are clear and apparently credible allegations of irregularities that, if true, could potentially impact the outcome of a federal election in an individual state.

Barr also cautioning his attorneys saying, while serious allegations should be handled with great care, specious, speculative, fanciful or farfetched claims should not be a basis for initiating federal inquiries.

The guidance did not sit well with the director of the election crimes branch in response and in protest Richard Pilger stepping down. In an e- mail to colleague saying, having familiarized myself with the new policy and its ramifications, I must regretfully resigned from my role. Though Pilger, will stay at the DOJ.

The Trump campaign tonight launching new legal action this time in Michigan, alleging unequal treatment of Republican voters, harassment of certified vote challengers, irregular ballots for counting of illegal votes and possible widespread software problems the campaign says could change the current vote count.

But the newly re-elected Senate Minority Leader today insisting there is no path for President Trump to claim victory that this is not a single state narrow margin, like in the year 2000.

SEN. CHUCK SCHUMER (D-NY): These are many states where there are tens of thousands of votes different. And the Republicans have no legal case.

(END VIDEOTAPE)

ROBERTS: Trump supporters who were so vocal in their support for the president during the election are firm in their belief, that the President does have a path to claim another four years of the Oval Office. They plan to show that support with what they're calling a Million Mega March in Washington, D.C. this coming Saturday, Bret.

BAIER: John Roberts live in the North Lawn. John, thanks. We are following all of that. We'll have a story on all those legal challenges coming up.

Meantime, president-elect Biden standing up for his old boss's signature legislative achievement tonight. Biden saying the Trump administration Supreme Court challenge to Obamacare is a matter of life and death.

Correspondent Peter Doocy has details tonight from Wilmington, Delaware.

(BEGIN VIDEOTAPE)

PETER DOOCY, FOX NEWS CHANNEL CORRESPONDENT: The president-elect thinks very little of Republicans arguing in court against Obamacare.

JOE BIDEN (D), PRESIDENT-ELECT: This case represents the latest attempt by the far right ideologues to do what they've been repeatedly failed to do for a long time.

DOOCY: Far right ideologues was missing from the victory speech.

BIDEN: We have to stop treating our opponents as our enemies. They are not our enemies, they are Americans.

DOOCY: A handful of long distance phone calls have been coming into Wilmington, one from French President Emmanuel Macron.

EMMANUEL MACRON, PRESIDENT OF FRANCE: I wanted to congratulate you and congratulate Kamala Harris for this election.

DOOCY: Biden says he's also heard from the leaders of Great Britain, Ireland and Turkey.

BIDEN: I feel confident that we're going to be able to put the America -- put America back in the place of respect that it had before.

DOOCY: He hasn't heard from President Trump.

BIDEN: Mr. President, I look forward to speaking with you.

DOOCY: When they connect, it should be quick.

VALERIE BIDEN OWENS, SISTER OF JOE BIDEN: He's never going to see Donald Trump again. Donald Trump is going off the stage on January 20th. Who cares?

DOOCY: The President-elect's sister Valerie Biden Owens has long been one of his closest advisors.

UNIDENTIFIED MALE: What role will you play when your brother is in the White House?

OWENS: Sister?

UNIDENTIFIED MALE: So, you expect him to run for a second term?

OWENS: Absolutely.

DOOCY: Filling up a cabinet may be complicated if Republicans hold the Senate.

BIDEN: I take McConnell at his word. I understand he said that he will make it clear who is prepared to support, not support and that's a negotiation.

DOOCY: One Democrat is already warning the incoming president not to take a hard left turn.

SEN. JOE MANCHIN (D-WV): And when you're talking about basically Green New Deal and all this socialism, that's not who we are as a Democratic Party.

It's not how I was raised in West Virginia. It's not the Democrats I know.

But yet we've been tagged. If you have a D by your name, you must be for all the crazy stuff and I'm not.

DOOCY: Biden does not believe he needs to sue the GSA so they'll unlock federal funds for a formal transition. And that for now, he can do without the classified Presidential Daily Briefing.

BIDEN: Obviously, the PDB would be useful, but it's not necessary. I'm not the sitting president now.

DOOCY: The President-elect argues, the longer Trump waits to concede, the worst he'll look.

BIDEN: I just think it's an embarrassment quite frankly. I think it will not help the president's legacy.

(END VIDEOTAPE)

DOOCY: I was in the room and in the front row for that event and the way it worked. First, the Vice President-elect spoke, then a staffer came and took away the stool she was standing on. Then it was Biden's turn.

He also took five questions from reporters who were called on by an aide offstage who had a list of reporters to call on, Bret.

BAIER: Some things don't change. Peter, thank you.

As Peter mentioned, the Supreme Court is considering arguments tonight about the future of the Affordable Care Act, Obamacare. Republican attorneys general in 18 states and the administration want the entire law to be struck down, that's what they're arguing.

Several Democratic controlled states and Democratic controlled House of Representatives, they're urging the court to leave the law in place.

Republicans succeeding, now up one in the battle for the U.S. Senate.

Democratic challenger Cal Cunningham has conceded his race to North Carolina incumbent Republican Senator Thom Tillis.

Correspondent Mark Meredith has a lot of details from Raleigh tonight. Good evening, Mark.

MARK MEREDITH, FOX NEWS CORRESPONDENT: Good evening to you Bret. Republican Thom Tillis has won a second term and six more years in Washington. He faced a tough challenge from Democrat Cal Cunningham, a former state senator and Iraq War veteran.

Tillis has maintained a lead close to 100,000 votes ever since election night. But Cunningham had hoped that outstanding absentee and provisional ballots would kind of reshape the race.

North Carolina is giving its 100 counties more time than it normally does due to the pandemic to count its votes. Republicans have made it clear they are frustrated that this process is still going on.

But as new numbers came out today, it became clear to the Cunningham campaign, winning was no longer on the table. Cunningham releasing a statement writing, "The voters have spoken and I respect their decision.

While the results of this election suggest there remain deep political divisions in our state and the nation, the more complete story of our country lies in what unites us."

Tillis's win is a big boost for Republicans who hope to maintain their majority in the Senate. Republicans now have 49 seats under their control.

Three seats still undecided, one in Alaska and the two Georgia Senate seats. Tillis even said today before Cunningham conceded the race, all eyes really are now on Georgia.

SEN. THOM TILLIS (R-NC): Nobody's talking about my race because they know we've won.

UNIDENTIFIED FEMALE: Do you -- do you expect (INAUDIBLE)?

TILLIS: I expect a lot of us going to be going to Georgia next week.

(END VIDEOTAPE)

MEREDITH: The presidential race here in North Carolina still has not been called. President Trump has been leading. He's up now by about 75,000 votes but with absentee counting still ongoing, the race simply too early to call at this point, Bret.

BAIER: Mark, thanks. We should point out that North Carolina has been very slow. We expect Friday for North Carolina possibly Alaska. Mark, thank you.

Those twin run offs Mark just talked about in Georgia, already drawing massive interest and huge amounts of money and resources. They are also serving as an early testing ground for potential 2024 GOP White House hopefuls. Florida Senator Marco Rubio will be in Marietta, Georgia tomorrow. Vice President Pence has indicated he will be there next week campaigning from Senators Tom Cotton and Ted Cruz, as well as former South Carolina Governor and former U.N. Ambassador Nikki Haley also expected.

This afternoon, president-elect Biden said he will do anything he can to help the Democrats in Georgia.

Republican Michael -- Michelle Steel rather has defeated first term Congressman Harley Rouda to earn a House Seat from her Southern California District. It is only the second time in more than two decades that a GOP candidate in the state has defeated an incumbent Democrat.

President Trump's top diplomat is expressing confidence that the president is not going anywhere. And I'll ask him about it next.

(BEGIN VIDEO CLIP)

MIKE POMPEO, U.S. SECRETARY OF STATE: I'm the Secretary of State, I'm getting calls from all across the world. These people are watching our election. They understand that we have a legal process. They understand that this takes time.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BIDEN: we're going to be back in the game. It's not American alone. Number one I've got the opportunity to speak with now six world leaders. And the -

- and the response has been very fulsome, energetic.

(END VIDEO CLIP)

BAIER: President-elect Joe Biden talking about his interactions with foreign leaders as they are congratulate him -- congratulating him on his election.

Joining us now to talk about foreign policy now and in the future, the Secretary of State of the United States Mike Pompeo. Mr. Secretary, thanks for the time.

POMPEO: Thank you, Bret. Thanks for having me on this evening.

BAIER: So, what do you say to world leaders who are reaching out to Joe Biden, now president-elect, leaders from all kinds of countries? Belgium, Canada, Estonia, France, Germany, Greece, the list goes on, even Saudi Arabia, which was President Trump's first stop, congratulating President- elect Joe Biden from the king of Saudi Arabia. What do you say to them?

POMPEO: Well, actually, I'll be in Paris, Monday, and I'm headed to Saudi Arabia after that. There's still an awful lot of work to do. We're reminding everyone that all the votes haven't been counted. We need to make sure the legal process is fully complied with, and then, America will do what it does best.

We'll have a leader in the White House at noon on January 20th, and we'll continue to execute American foreign policy. That's what President Trump wants to make sure that our entire team does all the way through every day.

That's what we're focused on, that's what I have my team focused on.

There's a lot going on in the world. We're pretty focused here in America on our own election. A lot still going on in the world, and we're focused on making sure we keep Americans safe during this time and period.

BAIER: You know, you were asked today about the concerns about a smooth transition, and you said there will be a smooth transition to a second Trump administration. Were you being serious there?

POMPEO: We'll have a smooth transition and we will see what people ultimately decided when the votes have been cast. We have a process, Bret.

The constitution lays out how electors vote. Bret, it's a very detailed process laid out. We need to comply with all of that, and that I I'm very confident that we will have a good transition. That we will make sure that whoever is in office on noon on January 20th has all the tools readily available, so, we don't skip a beat with a capacity to keep Americans safe.

That's what I was speaking to today, thicket support for not only the American people, but the whole world, especially our adversaries to know that we will achieve this in a way that's deeply consistent with the American tradition, and keeps us all safe here at home.

BAIER: Understanding that we're following all of the legal on goings in the various states. And you're right, the electors aren't chosen until December 14th. But, there has been a concern in the past about transitions that have been delayed, and that somehow on a national security front, that makes the U.S. weaker at some point. Do you disagree with that?

POMPEO: I'm not worried about that at all. I was part of a transition on the other side. I came into an administration of President Obamas when I was a CIA director. We managed it, we did it very efficiently. It didn't take as much time as some might be pretending that it's going to take.

I am very confident that all the things that need to be done will be done in an appropriate way. That we will deliver that. And if I'm an adversary, I would not think for a moment other than this time between now and January. That was the moment that they might have an opportunity. It's simply not the case. President Trump and our team are on watch.

BAIER: So, back to my first question, is it improper for this foreign leaders to be reaching out to Joe Biden?

POMPEO: Yes, if just saying hi, I suppose that's not too terribly difficult. But make no mistake about it, we have one president, one secretary of state, one national security team at a time. It's appropriate that it will be that way, Bret.

I will say this. One of the things that I have observed now with almost four years into my time in this administration is that previous folks just refuse to get off the stage. So, they talk about healing and all this transitional things.

Frankly, I've watched Ben Rhodes, Susan Rice, and John Kerry, and Wendy Sherman, be active on the world stage in ways that weren't consistent with what the Trump administration is doing. I regret that, it wasn't in America's best interest that they chose to behave that way.

BAIER: For all the focus back at the beginning of the Trump administration on incoming National Security Advisor Michael Flynn and his phone calls, and talk about the Logan Act, are you worried that, that is happening now?

POMPEO: I'm always worried when people are engaging in activities, speaking with foreign leaders in a way that represents thing -- that might be representing things that aren't true, or might be attempting to influence American foreign policy in ways that are inconsistent with what the law requires.

You know the Logan Act, I know the Logan Act. I hope that all those folks who are out there having these conversations aren't violating that law. I'm sure the Department of Justice will be keeping a good eye on that for us.

BAIER: You know, foreign policy didn't get a ton of coverage in the presidential election a little bit. But what's your biggest concern with a Joe Biden foreign policy?

POMPEO: Well, I think America's biggest concern ought to be that we'll return to a policy of appeasement. And I think -- I think the administration used the term, leading from behind. It's the antithesis of what President Trump has done. We've been realistic.

What was moving the embassy to Jerusalem, or taking down Qasem Soleimani, and reducing the threat from Iran or recognizing for the first time in 40 years that the Chinese Communist Party presented an enormous threat to the security of the American people, and frankly, jobs, and our American economy.

I think the things that the Obama administration did put Americans in a worse place. I think that people's jobs and lives were less secure than they have been for these past four years, and I hope that a president who comes in the office in the middle of January of next year will have a much more robust, more, more capable, more confident national security approach than what they have for those eight years.

BAIER: Which is the more imminent threat right now? Iran, Russia, China?

POMPEO: Bret, those are hard questions to answer. And when I -- when I think about the challenges that America is presented over the next five or

10 years, the Chinese Communist Party is absolutely the central threat.

They are -- they are here -- they are influencing the way we think about the world. They have technologies that are very capable. They have stolen intellectual property that's destroyed millions of jobs in places like Kansas, and Iowa, and Michigan. In our heartland, we cannot let that continue to happen, and President Trump has made real progress in getting the world to recognize this threat.

BAIER: Should Joe Biden be receiving the presidential daily brief, the classified version?

POMPEO: I'll leave that to others to sort out whether that's appropriate or not at this point.

BAIER: You know, when you say that it's going to be a second Trump administration, the president has tweeted out that this is a corrupt election, the Democrats are trying to steal the election from him. Does it make it harder for the state department in dealing with other countries where we have tried to say to them a democratic republic, and our way of voting is the way to go?

POMPEO: You know, that's a great question, Bret. I don't think that's the case at all. In my time with the state department, we worked hard in countries all over the world to help them build that election infrastructure, to make sure that they had transparency, to make sure that they follow their own rules, their own systems. That's all we're asking for, is to make sure we follow our own rules, our own constitution, our own law.

We have a transparent system, one that we need to keep pressing on. We need to make sure that every vote that was legal is counted and those that might not have been legal aren't counted unless they were. That's what we ask in countries all across the world. I think they see us doing that.

I actually think other countries reflect on how America is proceeding to this process, and I think they're encouraged by the fact that the rule of law is something that matters here. Something that we at the state department encourage every nation across the world to do.

BAIER: Two more things, one was some people were surprised that your West Point classmate, Secretary Esper, was fired, were you?

POMPEO: Mark's a good friend, and Mark has served this nation (INAUDIBLE) his time when we were cadets and his time in uniform. I wish him well. The president gets to choose the folks that he wants to serve, and I'll leave it there other than to say, I'm proud of the work that the entire team that the president has had for my four years has accomplished. I'm hopeful we'll have more time to continue to work to keep Americans safe.

BAIER: You fought to have Gina Haspel at CIA, the FBI director currently.

Do you think the president is going to make changes there as well?

POMPEO: I'll leave those decisions about people to the president. I'm focused on the mission, I'm focused on working with the team to make sure that we deliver on behalf of the American people.

BAIER: OK. Last thing. 2024, either way, do you have aspirations politically? Either at the highest office in the land or a certain Kansas Senate seat that may come open?

POMPEO: Bret, you know me better than that. I appreciate you asking. But I am focused -- I'm focused on what I'm doing today. I'll keep at that.

BAIER: Well, Mr. Secretary, we appreciate your time. And we'll check back in before January 20th.

POMPEO: That sounds great, Bret. Thank you, sir.

BAIER: Up next, we go live to Philadelphia where the Trump team intensifies those efforts to challenge the election results for Pennsylvania. First, here is what some of our Fox affiliates around the country are covering tonight.

Fox 26 in Houston, as a 25-year police veteran is killed in a shooting in North Houston. Police chief there, says Sergeant Sean Rios was killed following a gun battle with unknown suspects. Police are searching for those suspects and have a description of two vehicles.

WSVN in Miami, as South Florida residents deal with extensive flooding from Tropical Storm Eta. Fort Lauderdale officials say they have deployed several pump trucks in an attempt to alleviate some of the standing water in one neighborhood where more than a million gallons of water have already been removed.

And this is a live look at Philadelphia from Fox 29. One of the big stories there tonight, gas prices continue to decline in the region and all around the country due to decreased demand amid the coronavirus pandemic.

AAA Mid-Atlantic, says the average price of a gallon of regular gas in New Jersey, $2.18 down $0.41 from a year ago. The national average price for a gallon of regular gasoline is around $2.11. That's the lowest point to start November since 2004.

That's tonight's live look "OUTSIDE THE BELTWAY" from SPECIAL REPORT. We'll be right back.

(COMMERCIAL BREAK)

BAIER: Much of President Trump's focus on challenging the results of the election focuses in on Pennsylvania. There are other legal battles, but the legal struggle battling and ramping up in Pennsylvania as the counting the votes moves on there is intense.

Senior correspondent Eric Shawn has the latest on that battle and others around the nation from Philadelphia.

(BEGIN VIDEOTAPE)

ERIC SHAWN, FOX NEWS CHANNEL, SENIOR CORRESPONDENT: Alleging a slew of voting problems and irregularities, President Trump campaign is doing five states to stop them from certifying a win by Joe Biden. And razor-thin Arizona where about 15,000 votes separate the two candidates, and the counting continues. The campaigns says some votes were improperly included.

Trump campaign advisor Boris Epstein believes the legal push will help the president pull out a win.

BORIS EPSHTEYN, STRATEGIC ADVISER, TRUMP CAMPAIGN: There still votes to be release from Maricopa County, about 20,000-25,000 that's been great for the president. And still, may be about 18,000 or 20,000 votes out of Pima County which is also actually been moving very strongly for President Trump.

So, we feel very good about the release of the numbers, and I think we will win on the numbers.

SHAWN: And Pennsylvania, the campaign wants to bounce 682,000 mail-in votes, and Democrat-rich Philadelphia because it claims G.O.P. watchers could not properly see them being counted. State House Republicans want a voter fraud probe.

STATE REP. DAWN KEEFER (R-PA):  Our constituents are demanding concrete action, and it's our firm conviction that we must take these steps and ensure public trust in our electoral system.

SHAWN:  But Philadelphia election officials reject those claims, saying there are no illegal votes being counted, that every mail-in vote is inspected and double checked, and Republican watchers observed alongside their Democratic counterparts. Quote, "The observers have been in the room since beginning." In Michigan the Trump campaign claimed unregistered people voted, and some ballots were backdated. That suit dismissed, as was a similar one in Georgia. Election officials doubt the Trump legal strategy will work.

MYRNA PEREZ, BRENNAN CENTER FOR JUSTICE:  There is no systematic widespread voter fraud. If folks have concerns of irregularities, we need to look into them.

(END VIDEOTAPE)

SHAWN:  And tonight that U.S. Postal Service whistleblower who claimed in Erie, Pennsylvania, that a supervisor ordered the backdating of ballots to commit voter fraud has recanted. That according to the agency's inspector general. Bret?

BAIER:  Eric Shawn live in Philadelphia. Eric, thank you. We will continue to look into all of these.

Republicans controlling the Senate have unveiled a governmentwide $1.4 trillion spending bill that contains funding for the president's border wall and other provisions opposed by Democrats. Top leaders in both parties are also trying to pass a coronavirus relief package and the annual defense policy bill. The current continuing resolution expires December 11th.

Stocks were mixed. The DOW was up 263, the S&P 500 lost five, the NASDAQ was down 160.

Just moments ago, the Associated Press reported the U.S. has surpassed 1 million new confirmed coronavirus cases in just the first 10 days of November. Experts say the latest surge in U.S. coronavirus cases appears to be much larger than the two previous ones, and it is all but certain to get worse, according to the experts. They also say there are reasons to think that the nation is better able to deal with the virus this time around.

In California, San Diego, Sacramento, and Stanislaus Counties are being ordered to reverse their reopening plans to go back to the most restrictive category of regulations aimed slowing the spread of the virus. The mayor of Washington, D.C., is exempting herself from COVID travel restrictions after attending President-elect Biden's speech victory speech in Delaware.

Democrat Muriel Bowser claims the trip was essential travel.

The number one ranked University of Alabama football team will not play LSU this weekend because of coronavirus concerns and issues. So far three southeastern conference games for this weekend have been postponed.

The former deputy director of the FBI says he should not have pursued the warrant for surveillance on a key member of the 2016 Trump team. That admission by Andrew McCabe today came during a Senate hearing on the Russia collusion investigation. Chief congressional correspondent Mike Emanuel shows us what happened.

(BEGIN VIDEOTAPE)

SEN. LINDSEY GRAHAM, (R-SC):  The question is, who is responsible.

ANDREW MCCABE, FORMER DEPUTY FBI DIRECTOR:  I am certainly responsible as a person in a leadership position.

MIKE EMANUEL, FOX NEWS CHIEF CONGRESSIONAL CORRESPONDENT:  Former FBI director Andrew McCabe on the hot seat in front of a Senate panel digging into the origin of the Russia probe, including surveillance of a then Trump campaign aid.

GRAHAM:  If you knew then what you know now, would you have signed the warrant application in June of 2017 against Carter Page?

MCCABE:  No, sir.

EMANUEL:  The Justice Department's internal watchdog found the FBI's request for surveillance on Carter Page contained numerous factual errors.

But McCabe insists the FBI did not open the case because it liked one candidate in the 2016 campaign and disliked the other.

MCCABE:  We opened the case because it was our obligation and our duty to do so. We did our job.

EMANUEL:  President Trump urged GOP members to be tough, writing "Republicans, don't let Andrew McCabe continue to get away with totally criminal activity. What he did should never be allowed to happen to our country again. Fight for justice!" The Judiciary Committee has also heard from former FBI Director James Comey, former Deputy Attorney General Rod Rosenstein, and former Deputy Attorney General Sally Yates about the FBI's actions. Prominent Democrats said it's time to move on.

SEN. DIANNE FEINSTEIN, (D) CALIFORNIA:  I think, Mr. Chairman, it's time to turn the page on Crossfire Hurricane.

SEN. DICK DURBIN, (D-IL) SENATE MINORITY WHIP:  It's time to stop relitigating issues of the last election.

EMANUEL:  Chairman Graham defended digging in to the issue.

GRAHAM:  You've got to make sure those involved in investigating campaigns have an even hand about it, and that whatever biases they have don't seep into the system so that one candidate gets treated differently than the other.

(END VIDEOTAPE)

EMANUEL:  Graham criticized the FBI for taking what started as a bar conversation with George Papadopoulos and turning the country upside down for two-and-a-half years. But when the CIA said Hillary Clinton had OK-ed a plan to link President Trump to Russia to take the heat off her, Graham says the Bureau never did anything. Bret?

BAIER:  Mike, thank you.

Up next, one famous Biden supporter wants Trump voters to now, quote, "suck it up." We'll tell you who and why.

And as we had to break, we wish a happy birthday to the U.S. Marine Corps celebrating its 245th anniversary. Semper fi. 

(COMMERCIAL BREAK)

BAIER:  A Vatican investigation into a former Cardinal Theodore McCarrick had found that a series of bishops, cardinals, and Popes downplayed or dismissed reports that he slept with seminarians. The panel determined Pope Francis merely continued his predecessor's handling of the situation until a former altar boy alleged abuse. The Vatican took the extraordinary step today of publishing its two-year, 400 plus page internal investigation.

Some media personalities are urging Trump supporters to now make peace with election results. Whoopi Goldberg of "The View" wants Trump voters to, in her words, "suck it up." But some Hillary Clinton supporters never seemed to do that after the 2016 election. The story tonight from FOX News media analyst and host of FOX's media buzz, Howard Kurtz.

(BEGIN VIDEOTAPE)

HOWARD KURTZ, FOX NEWS MEDIA ANALYST:  As Joe Biden assumes the role of president-elect, this might be a celebratory time for many liberals. But some are increasingly frustrated and angry at President Trump's voters.

"The View's" Whoopi Goldberg called their doubts about the election ridiculous.

WHOOPI GOLDBERG, CO-HOST, "THE VIEW":  Hillary Clinton didn't say, hey, wait a minute, this doesn't feel right, stop the count. She didn't say this isn't right. I'm not going for it -- she didn't say any of that. So all of you, suck it up. Suck it up like we sucked it up.

KURTZ:  Many Republicans are taking their lead from the president, disputing the projection of a Biden victory by the major networks and his unproven allegations of widespread voter fraud, and that has sparked a backlash. Former MSNBC cohost Toure told Trump voters, "I hope the pain and anxiety you feel now is excruciating. You voted against America." And "The View" co-host Sunny Hostin denounced Trump supporters for backing him.

SUNNY HOSTIN, "THE VIEW" CO-HOST:  I'm not going to say that 50 percent of Americans are racist and sexist and homophobic, but I will say that that tells me that they will look the other way. And that I think is despicable.

It's un-American.

KURTZ:  When it came to Trump's election, some Democrats didn't exactly suck it up.

HILLARY CLINTON, (D) FORMER PRESIDENTIAL CANDIDATE:  He knows he's an illegitimate president.

UNIDENTIFIED MALE:  Trump didn't actually win the election in 2016. He lost the election.

KURTZ:  Even Biden responded last year to a woman calling the president illegitimate.

JOE BIDEN, (D) PRESIDENTIAL NOMINEE:  Would you be my vice president?

(LAUGHTER)

BIDEN:  Folks, look, I absolutely agree.

KURTZ:  The media are now taking note of a few Democrats urging employers to shun ex-Trump staffers. CNN's Jake Tapper tweeted that while he sympathizes with those who lost, they should consider not only the benefits of a peaceful transfer of power, "but how future employers might see your character to defined during adversity." But he backtracked today, writing that any blackballing seems the exact opposite of Biden's calls for unity and healing.

(END VIDEOTAPE)

KURTZ:  By turning to taunting, some liberal pundits risk being seen as sore losers. Even in this tense time, it hardly seems un-American for 71 people to have voted for Donald Trump as their preferred candidate. Bret?

BAIER:  All right, Howie, thank you.

Up next, the panel on the fight over the election results and what comes next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

MIKE POMPEO, SECRETARY OF STATE:  There will be a smooth transition to a second Trump administration. We're ready. The world is watching what's taking place. We're going to count all the votes.

BAIER:  Were you being serious there?

POMPEO:  We'll have a smooth transition, and we'll see what the people ultimately decided when all the votes have been cast. We have a process, Bret. The Constitution lays out how electors vote. It's a very detailed process laid out. We need to comply with all of that. And then I am very confident we will have a good transition.

(END VIDEO CLIP)

BAIER:  That's Secretary of State Mike Pompeo earlier today, and then in our interview here on SPECIAL REPORT about the transition and the process.

Let's bring in our panel, former Tennessee Congressman Harold Ford Jr., Mollie Hemingway, senior editor at "The Federalist," and Guy Benson, political editor, also the host of "The Guy Benson Show" on FOX News Radio. Guy, what about what the secretary said today, what the administration is saying right now, digging in its heels as these legal challenges move forward?

GUY BENSON, POLITICAL EDITOR,  I think the initial comment that got so much attention was probably Pompeo being a little bit tongue- in-cheek and playing with the media and the people who asked him the question. You can make the case maybe that's not something that a high- ranking government official should be cavalier about. But in his responses to you, I think this is just a wait-and-see mode. They are sort of in a holding pattern, waiting to see what happens with some of these challenges that are popping up across the country. And he said ultimately he's confident that there will be a smooth transition. To whom or to what, unspecified, but I think everyone understand what the likeliest outcome is here, and it's one that has been projected as the true outcome by our decision desk.

BAIER:  Harold, we heard Hillary Clinton weeks before Election Day say to Joe Biden whatever happens, do not concede. Don't concede. If it was reversed, if the situation was reversed and the Biden team was fighting legal battles in various states, do you think there would be a concession?

Or how would it be handled?

HAROLD FORD JR. (D) FORMER TENNESSEE REPRESENTATIVE:  Again, thanks for having me on. I don't know the answer to that. My sense is that there would not be what is happening right now.

I would remind everyone that in 2016 then Donald Trump, now President Trump won Wisconsin, Michigan, and Pennsylvania by 77,000 votes. He declared it a landslide, although he lost the national vote by 3 million votes. And two days after the election in 2016, President Obama invited then president- elect Trump to the house. Today Joe Biden has won Wisconsin, Michigan, and Pennsylvania by 225,000 votes. It appears he will end up with a 5 million national voter, popular vote advantage, and we are faced with the challenges were faced.

I think the president has every right to exhaust every option. I was most pleased today, I was pleased to see Secretary Pompeo -- and I would agree with Guy, it probably was a little tongue-in-cheek. But I was most impressed to see Joe Biden when asked by a reporter that very few Republicans are calling you Mr. President. Are you bothered by that question, and do you think that they will, what is your reaction? He goes at some point they will, he smiled and walked off the stage. Very president, and the kind of transfer of power I think the country is hoping for and hopes happens fast.

BAIER:  President-elect is what he was talking about. Mollie, your thoughts?

MOLLIE HEMINGWAY, SENIOR EDITOR, "THE FEDERALIST":  We will all remember that four years ago when Donald Trump won election, the Obama-Biden administration spied on his incoming administration. And many people refused to acknowledge the legitimacy of his election, including I think 60 some members of Congress who refused to go to his inauguration. And of course, they spent the entirety of this first term refusing to acknowledge it.

But what we have here is a really serious issue with a voting system that we have never quite done before. We had a real rushed move to mail-in balloting. It's very controversial. A lot of Americans have been saying for months they didn't think that there were the appropriate amounts of checks on it. And this is not an idle concern. Election fraud is something that happens all the time. You had earlier this year a former Democratic member of Congress sentenced along with the election judge in Philadelphia who he bribed to stuff ballots over the course of many elections.

A couple years ago in New Jersey they had a revote for election irregularities that weren't even deemed necessarily to have changed the outcome of the election. And we know that when you move to mail-in balloting, the opportunities for fraud ramp up quite a bit, particularly when you're not doing checks on signatures, when people aren't allowed to observe vote totals. The more distance that you put between people voting and the vote being counted in terms of time and distance, that makes things ripe for systematic fraud. So telling Americans that they don't need to be worried about it when they have been worried about it is not something that's going to lead to confidence in the system.

BAIER:  Right, and you have to let the legal challenges play out. The Pennsylvania situation, Guy, there is a legitimate thing about transparency, about being able to be in the place where it was being counted. Plus, the segregated ballots and provisional ballots that a judge said that you had to put aside and count separately, and whether all of those districts did that, we don't know. And that's what is going to adjudicated. But so far we haven't seen these cases that are going to overturn tens of thousands of votes in these states for the president to win, Guy.

BENSON:  Correct. And so I am totally on board with looking into every single major allegation, especially those that are backed up by some evidence, like legally sworn affidavits, et cetera. Some of these lawsuits are definitely not frivolous. And I think it's completely fair to have an exhaustive process when we're making a huge decision like this as a country. And I also don't have a problem with the attorney general. I know there's a lot of hyperventilating that he said let's look into big, substantial examples, if there are any, backed up by evidence that might turn a result in a state here or there. Let's look at those at the DOJ to try to give people confidence one way or the other. I think that's fine. I think that's appropriate, and it can help give peace of mind to some people.

BAIER:  Let's listen to this. Let's listen to Senator Durbin just on your point, sorry to interrupt, and Senator Kennedy on this issue.

(BEGIN VIDEO CLIP)

SEN. DICK DURBIN, (D-IL) SENATE MINORITY WHIP:  What he did yesterday is unprecedented and unforgivable. The day will come, and it will come soon when Bill Barr sneaks out the backdoor at the Department of Justice after all the damage he's done.

SEN. JOHN KENNEDY, (R-LA):  I thought it was perfectly appropriate. This is where we are, in my opinion. We have got to get this right.

(END VIDEO CLIP)

BAIER:  So, to your point, I wanted to get that in there, Guy. Go ahead and finish.

BENSON:  I tend to agree with Senator Kennedy on this point. I can understand why Democrats would be upset about it. I just think given this environment and the questions that people have, if some of those questions can be looked into by credible people and put to rest, that would be a healthy thing.

BAIER:  Meantime, Harold, we have got a decision in North Carolina. Cal Cunningham conceding to Tom Tillis, the Republican incumbent, so that's a victory for Tillis. A yellow check mark that we like to put on the screen.

That means the Senate balance of power is now 49-48. And it seems like Alaska eventually, once they get all those ballots, probably by the end of the week, Dan Sullivan looks poised to win there. So you're looking at 50 to 48 with two runoffs in Georgia. We have kind of looked at it again and again and again. I guess my question to you is how much does each party put into that Georgia fight? And do Democrats really campaign, can they get those two seats over the finish line?

FORD:  There is no doubt, congratulations to all who have been declared victors. I would also point out that the Trump campaign has lost all 10 lawsuits that have been filed thus far, and we'll see if there's something.

I would agree both pundits who have been on here tonight already.

One of my really smart friends said at the end of the day, control of the Senate would come down to Georgia, and it's going to come down to that.

Democrats have to hope that they can follow the leadership of Joe Manchin who was on your show last night who reminds us of what seriousness and leadership looks like in the U.S. Senate. Or will they follow a set of talking point and a narrative that a majority of the country is not for.

It's clear on election night a week ago the country rejected a radical socialist message, and they want to embrace a centrist, let's-get-things- done message. The more Democrats do that, the more likely it is we will succeed down in Georgia.

BAIER:  All right. Harold, Guy, Mollie, thank you very much. When we come back, surprise parties. 

(COMMERCIAL BREAK)

BAIER:  Finally tonight, the element of surprise.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  Open the door! You have a right to have a happy 90th birthday.

(LAUGHTER)

(END VIDEO CLIP) 

BAIER:  Police officers in Nyssa, Oregon, took a break from training to give 90-year-old Mary Lassiter a birthday surprise, probably scared her a little bit. Several officers celebrating with presents and balloons on her special day. Happy birthday.

And after a four-month deployment with the U.S. Air Force in Afghanistan, Deputy Sheriff Clint Thomas planned a special return. Deputies in Morton County, Missouri, pulled over the vehicle that Thomas's son was in. Deputy Thomas surprised his son before the two embraced. Look at that. Welcome home. I can see those again and again.

And this week is very special, because guess what? It is Masters Week in the fall. I'm a Masters big fan. Thank you for inviting us into your home tonight. That is it for the SPECIAL REPORT fair balance and unafraid.

Martha, this weekend is sacred in my high school.

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