Updated

This is a rush transcript from “The Five” November 5, 2020. This copy may not be in its final form and may be updated.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It's shameful. It's shameful that the Boards of Elections here in Pennsylvania thinks they do not have permission to listen to a judge's order. What has America come to? This judge has ordered us inside to review the process and the Board of Elections and your sheriff said no. So what do we do? We go get relief by the federal government to make sure every legal vote is counted.

Thank you very much. We believe every legal vote should be counted, and we have the right to look at those votes, and we're going to make sure every single vote is looked at. Thank you, guys.

(END VIDEO CLIP)

JESSE WATTERS, FOX NEWS HOST: Those are members of the Trump team wrapping up a press conference in Philadelphia. Hello, everybody. I'm Jesse Watters, along with Katie Pavlich, Juan Williams, Dana Perino, and Greg Gutfeld. It is 5:00 in New York City, and this is The Five. The fight for 270 still on as several key states remain up for grabs. You just heard from the Trump team.

And now, we're awaiting a news conference from the Pennsylvania secretary of state on election results in that state, which is still undecided. Also, still too close to call are Nevada, North Carolina, and Georgia. As the results continue to roll, the legal battle over them is ramping up. Joe Biden speaking about 30 minutes ago and is confident he's going to come out on top.

(BEGIN VIDEO CLIP)

JOE BIDEN (D), PRESIDENTIAL CANDIDATE: No doubt when the count is finished, Senator Harris and I will be declared the winners. So I ask everyone to stay calm, all the people to stay calm. The process is working. The count is being completed. And we'll know very soon.

(END VIDEO CLIP)

WATTERS: But the Trump campaign unleashing a blizzard of lawsuits in these key states. Let's now check in with John Roberts for the latest of the campaign, John.

JOHN ROBERTS, FOX NEWS CORRESPONDENT: Jesse, good afternoon to you. We have a lot of press conferences from the Trump campaign going on today, that one from Corey Lewandowski and Pam Bondi. There's another one in Georgia with Doug Collins at 6:00 tonight, and we just one in Arizona a short time ago, David Bossey leading that one.

And the news out of Phoenix today was that the Trump camp still believes, still firmly confident, that they have the votes to win it when everything is counted. There are 417,000 ballots according to the campaign left to count. The current split is 68,000 between the president and Joe Biden.

After tonight's ballot count dump, they expect that the president will be within 40,000 votes of Joe Biden.

And there will still be another 325,000 ballots left to go. So they believe that they do have the numbers and the percentages there for the president to prevail. Listen to what David Bossey said a short time ago.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Even still today, there are hundreds of thousands of votes. And I can tell you it is trending in the direction of President Donald J. Trump.

UNIDENTIFIED MALE: If the current trends continue as we have seen because we follow the science, President Trump is going to overtake Joe Biden and we're going to win Arizona.

(END VIDEO CLIP)

ROBERTS: And I'm sorry. That was not David Bossie in a red dress. That was Kelli Ward, the Arizona Republican chairwoman. In Nevada, they filed a federal lawsuit. At least they're in the process of filing it this afternoon. The complaint in -- from if the Trump campaign is that some

10,000 people who no longer reside in the silver state have cast ballots.

They also claim that ballots were cast in the name of people who are deceased. They're going to providing a list of those votes to the Department of Justice and local law enforcement authorities, in hopes that they will investigate that. Nevada very, very tight, there's still some more vote that's going to be coming on later on tonight.

Now, back to where we were at the top of the hour here in case you just tuned in and you saw Pam Bondi and Corey Lewandowski. Earlier today, a judge in Pennsylvania ordered the local county elections board to allow Republican observers to get in to where the votes are being counted, and to get within six feet of the tables that which they're counting the votes so the Republican observers can take a look to see whether or not those votes were valid.

But when Pam Bondi and Corey Lewandowski and their team went in to do it, they had moved the goal posts inside. Listen to what they said a couple of hours ago about that.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We cannot count the votes properly. What is happening is they have moved the barrier up to six feet but they took away the ballot machines. Your legal votes must be tabulated and they're not doing that.

UNIDENTIFIED MALE: The sheriff of your county will not come down and enforce a court order. What is going on in this city? What are you hiding?

Open up the doors. Let us in. Let us six feet away so that we can have a free and fair election.

(END VIDEO CLIP)

ROBERTS: And as you heard Pam Bondi and Corey Lewandowski say just a moment ago, they're not going to federal court to seek relief. Now Jesse, wrapping up, Pennsylvania and how that is looking for the president. There is still, according to the secretary of state, 340,000 votes yet to be counted. The president currently leads by 97,000. But there are still 92,000 votes in heavily Democratic Philadelphia County that have jet to be counted.

The president does have a lot of outstanding ballots as well in counties that skew Republican. But one thing I think you can say safely about Pennsylvania, it is going to be close and so is Georgia. And if the president doesn't get Pennsylvania or doesn't get Georgia, it likely doesn't matter anymore.

WATTERS: John, thanks a lot. All right, Greg, you know, as John said, the key is Pennsylvania. If he doesn't get Pennsylvania, his path is shot. And there are just a lot of upset people that are watching on television. And you hear that Republican poll watchers are being prohibited from monitoring the count rooms in Philadelphia. And then, you know, it's just really sad that that is happening, and it shouldn't be happening.

GREG GUTFELD, FOX NEWS HOST: Yeah. I'm not sure if this is a first world or third world country anymore if we can't handle this. And the thing is I keep thinking. All right, who made this bed? Let's say there isn't anything illegal going on. It's just mere incompetence. But the Democrats, for four years, have said that Trump is an apocalyptic threat to our nation, to our species.

He has to go. So that's going to suspicion among everybody else that likes Trump that there will be fraud, because if you're that emotionally invested in getting rid of somebody, and especially the hard left who are emotionally invested in politics. They're going to do anything that they can. They will cheat. And your suspicions are valid, because if they think he's Hitler, cheating is completely justified.

So then you hear about all these ballot dumps going on, emphasis on dump.

And you think -- it's like imagine watching the Superbowl and suddenly, you know, the Cowboys or the Patriots find extra points in the locker room. You know, and they disappear on the scoreboard. You are like a little suspicious even if -- even if the fraud is inconsequential or it is incompetent.

You understand why people are suspicious. And I would say, you know the media or the Democrats, you cannot, you cannot criticize voters for feeling this way. You can't mock them. You can't laugh at them because you spent four years shouting election fraud without any evidence, with this dossier.

And here -- you have been vilifying these people.

So they actually have real evidence in their heads by your behavior. So the fact is, you know, voters have a right to be sceptical after what you have done to them. You put them through hell for four years. Give them a week or two to figure out what is going on before you call it a conspiracy theory, because they're only acting as a reaction to your behavior.

WATTERS: Yeah. Katie, I mean, no one specifically is on this show at least accusing anybody of committing fraud. All you're saying is show us that there isn't any fraud. And when you say show us the count room and they say no, you're locked out. That just raises a lot of suspicion in a city that has a history of chicanery when it comes to elections.

(CROSSTALK)

KATIE PAVLICH, FOX NEWS HOST: Yeah, I mean, going into election day, you had the attorney general of Pennsylvania who is going to oversee some of the litigation here saying that there's no way that President Trump can win. Philadelphia is notorious for voter fraud. There was a judge -- an elections judge of May of 20 who was convicted on federal charges for taking bribes, to changing ballots, and certifying false election results.

And then you have this lack of transparency with the poll watching. And when it comes to elections, especially in a swing state like Pennsylvania at a time that we're in now with the country, transparency is everything.

You have to show everybody what you're doing. And the idea that Democrats are trying to keep Republicans from actually seeing what's on these ballots by continually pushing them back.

While in the other precincts have vote counters wearing Biden-Harris asks, of course there are questions. It's not illegitimate for the Trump campaign or just everyday Americans to be asking questions for verification of legal votes and just some transparency about the process. And that is completely legitimate for them to be asking questions.

WATTERS: Juan, why did the Biden team sue and appeal the order to prevent Republican poll watchers from getting access to the count rooms?

JUAN WILLIAMS, FOX NEWS HOST: Well, I think it's pretty obvious that if you're counting ballots, you're involved in process. It's laborious. You have to be careful. You're doing something that absolutely sacred in terms of counting Americans' votes. And you don't want people there making into some kind of political show and disrupting that process. That would make it very difficult to do.

WATTERS: But they haven't disrupted anything.

WILLIAMS: Let me just say. I find this so troubling, because voting and the voting process, there's no evidence of fraud, none. After the last election in 2016, President Trump said, oh, he didn't lose the popular vote. He just

-- there was too many fraudulent votes. He's established a commission, Jesse. The commission couldn't find any fraud. And even today, there was a woman --

(CROSSTALK)

WILLIAMS: Hang on. Hang on. Let me finish.

(CROSSTALK)

WILLIAMS: There was a woman who was being used by the right to say here's a woman in Nevada that said she wanted to vote. She couldn't vote. So what happens? Guess what? The electors in the state of Nevada went and found the woman and said, hey, wait a second. We have got a ballot with your signature on it, right? And guess what? She didn't challenge it. In other words, she was making stuff up. And you guys want to use her as a tool.

(CROSSTALK)

WATTERS: I'm not talking about that. I'm going to use my cookie analogy. So when my daughter goes into her room and looks the door and I say knock- knock, do you have any cookies in there? And she says no. And I said can I come in? And she says no, you're not allowed to come in. Something tells me she has a cookie.

DANA PERINO, FOX NEWS HOST: Right. Well, there might be a little difference between children and adults, but I get your point --

(CROSSTALK)

GUTFELD: Have you ever been to an Eagles game?

PERINO: I do not have any cookies with me here. I do wonder this. I have never understood why the Republican state legislature in Pennsylvania ruled or decide -- passed a law that said you could not count mail-in ballots until Election Day. This could have been done. This could have been finished. And all of this debate would not be happening in the wake of trying to get to 270.

It would've been done beforehand. And I'm sure they think they have really good reasons for that, but it's hard to understand what they were.

WATTERS: Well, then both sides are at fault because the process is now completely suspect in this state that could hand Joe Biden the White House.

GUTFELD: What happened to Russian interference by the way? Wasn't that a big deal? We were talking about Russian interference only two weeks ago.

The Democrats are still talking about Russian interference. But seriously we are not talking about it anymore. I know we have got to go.

WILLIAMS: But what does it have to do with this?

(CROSSTALK)

GUTFELD: Exactly. You're no longer talking about it.

WILLIAMS: No, but I'm say they may have done propaganda. But what we're doing now is you see Republicans --

(CROSSTALK)

GUTFELD: We shouldn't be talking about this.

(CROSSTALK)

WILLIAMS: Because Trump is losing.

GUTFELD: I want to talk about Russian interference.

WATTERS: No one is undermining public faith more than Democrats shutting out legally allowable poll watchers. Much more to come as the presidency hangs in the balance, we're awaiting a news conference from the Pennsylvania secretary of state on results in that battleground, the very latest up next.

(COMMERCIAL BREAK)

PERINO: We're waiting for a news conference from Pennsylvania's secretary of state on results in that battleground. Now, it is one of several states that with very thin margins, so we want to check in with Bill Hemmer to see where we stand right now, Bill.

BILL HEMMER, FOX NEWS CORRESPONDENT: Dana, good evening. I'll just fly you around the map here, starting out here in Arizona. I know we called this the other night here. The Trump team still thinks they're in the win this

(ph) -- Arizona race here. We should get more votes, we believe, in about fours time, maybe Maricopa County, Phoenix. So stand by on that.

We do not believe we will see anything out of Nevada until tomorrow morning, late morning our time here in New York. So you're down to 11,000 votes that separate Biden and Trump at the moment here. Come over here to the east coast here. Georgia, this is where you stand at the moment. I've been watching this all day. Dana, it's getting tighter by the moment, .9 to

.7 and now .2 percent that separate Joe Biden and Donald Trump.

Up here in Philadelphia, state of Pennsylvania, very interesting, I will tell you I was telling Neil last hour. We started watching this earlier today about 10:00 a.m. east coast time. And the difference between Biden- Trump at that point was 700,000 votes. Check that. That is not correct. It was 700,000 outstanding votes across the state. That's right. And it went down below 700,000.

The difference at 10:00 this morning was 135,000 then it went to 115,000.

And right now, it just dropped again. It had been 95,000 and then 5,000 votes more just came in, so it goes to 90,000, which leaves you with a 1.4 percentage points lead for the president in Pennsylvania. Here's Philadelphia, a lot of votes still out there. I heard John Roberts a moment ago.

I was told the number is even higher for outstanding votes. And Joe Biden is getting 80 percent of them. Just bop around these counties here in Southeastern PA, Bucks County very close. You have an 8,000 vote difference there. Montgomery County, 130,000 difference, Chester County, 50,000 over here. It was just -- might as well complete the play, right?

Delaware County 71,000 difference, so we'll see here. But I tell you.

Through the course of the night starting now into the evening and to tomorrow, I just keep it very clear focus on what's happening in Southeastern PA, Dana.

PERINO: All right. Thank you, Bill. We appreciate it. So we're waiting for this press conference that the secretary of state from Pennsylvania has called. Her name is Kathy Boockvar. We will bring that to you as soon as it starts. Katie, we knew that Pennsylvania was the place, right? That's why both candidates were heavily focused there.

PAVLICH: Yeah. President Trump visited Pennsylvania multiple times. The results in Ohio we thought would give us an indication of how Pennsylvania would go. So far, it's indicated that western Pennsylvania. But in Philadelphia, of course, it's always a blue stronghold, and the chances for President Trump to pull a lot of votes there. I'm sure Jesse knows are pretty much zero.

But it is a battleground state. And this is why both candidates focused so much in there. You also -- don't forget though, had the Biden campaign saying that they did not have to win Pennsylvania for their path to 270.

And as they may win Nevada, Arizona is still out in terms of -- we've called it but the numbers are still coming in. But yeah, Pennsylvania has been the focus for a long time for a reason.

PERINO: Any other thoughts on Philadelphia, Jesse?

WATTERS: Yeah. I want to speak from the heart for a second about -- because I grew up in Philadelphia. And this is the city where they had black panthers with billy clubs outside polling locations. This is where they hand out street money on Election Day. Katie brought up the voter fraud. A just got popped for forging ballot signatures. I want to know if what's going on in Philly is on the up and up.

And you can't know that if they prohibit poll watchers for legal access to the count rooms. If everything is fine, open the doors. It's very suspicious. And now, you're going to have 80 million Americans not believing in the integrity of the election in Philadelphia. This is a secretary of state in Philadelphia that is tweeting nasty stuff about Donald Trump.

The AG in Philly is going on Rachel Maddow in primetime, announcing there's no way Donald Trump can win. I mean, Donald Trump, I think he polled 18 percent of black male voters. And you're saying he's getting crushed by these margins in Philadelphia? You're saying Joe Biden turned out more people than Barack Obama? I mean, some of the stuff is just -- I want to believe that it's fine.

But just -- the fact that the Department of Justice, the civil rights division hasn't gone in there and enforced the court order to allow access to these count rooms. And you're going to have this whole lead by Donald Trump chewed away behind crooked closed doors in the dark of night? We don't know what's going on there. Juan is laughing, but even he should be ashamed of himself.

(CROSSTALK)

WATTERS: Because what is happening there is a disgrace. And I'll you another thing. Republican leaders should actually speak up and say what is going on in Philadelphia is un-democratic. It's not transparent, and we want to have faith in the process. Right now, there's no faith, no faith in the process.

WILLIAMS: There's nothing nefarious --

(CROSSTALK)

WATTERS: Why lock the doors, Juan?

(CROSSTALK)

WILLIAMS: What you have is proper care in counting ballots. And if you heard from Ms. Perino in the previous segment, she said it was a Republican legislature that said don't count the mail-in --

(CROSSTALK)

WATTERS: I'm talking about the poll watchers, Juan.

WILLIAMS: Let me finish. I let you rant.

WATTERS: All right. It's not a rant. It was impassioned speech.

(CROSSTALK)

WILLIAMS: From the heart. Well, I'll you tell you from my heart. If Republicans said count these absentee mail-in ballots before. It would have given people enough time.

WATTERS: Well, I'm tell you from my brain, you don't count in dark rooms --

(CROSSTALK)

WILLIAMS: -- as you guys keep saying, Philadelphia is so dirty. Donald Trump and his election fraud commission would have raised a ruckus. They found zip.

WATTERS: Juan, they prosecuted a judge for falsifying --

(CROSSTALK)

WILLIAMS: -- the Trump campaign in addition to throwing up all that ugliness --

PERINO: All right. We told you about the secretary of state from Pennsylvania has a news conference, Kathy Boockvar. We believe it has started. Let's go to that now.

KATHY BOOCKVAR, PENNSYLVANIA SECRETARY OF STATE: Hundreds of thousands of ballots have been counted so far today and we're in very good shape. But there's still -- still some to count. So they're working incredibly hard.

They're going to keep counting into the evening. And, you know, stay tuned.

So let's see. We have -- we've been reaching out -- we've been very closely in touch with all 67 counties, making sure that they're reporting on as regular basis as possible.

And now, all of you, everybody around the country, around the state are eagerly awaiting, and I can tell you the counties are, too. They're really taking their time, making sure that every single voter in the commonwealth who has cast their ballot is having those ballots accurately and securely counted. So you know -- as you know, we're going to keep counting.

Military and overseas ballots, I think, are coming in. Those will continue to be accepted through next Tuesday. There are obviously provisional ballots that will have to be counted as well after the initial round of ballots. And you know, I think whatever the outcomes are, I can tell you that I'm so proud to work with the 67 counties and the election officials who are just doing an amazing job getting these counted accurately and securely. So I am happy, I think with that, to take your questions. Yes?

UNIDENTIFIED FEMALE: The integrity of the election has certainly been questioned quite a bit over the past several days. It seems to be intensifying now in these final states that we're waiting to hear from.

What is your message to the people of Pennsylvania and the people of the country about the way things work here in Pennsylvania?

BOOCKVAR: So you know, as we've been talking about for months, Pennsylvanians have more choices on how they have been able to vote this year than they've ever had in the history of the commonwealth. And no matter how they voted, what is critical here is that we have very strong processes in place that makes sure that that voting integrity and security are constantly followed by every county in the state.

So for example, we talked about -- I think it was yesterday, voting by mail in Pennsylvania. So the process, though it's new under Act 77 that we can all vote by mail, it's the same processes that we've used for decades for absentee voting. So voters have to apply. They're checked against either social security database or (Inaudible).

They're checked against their voter records to make sure that they're a qualified voter and they are who they say they are. They cast their ballot and then they're checked again when the ballot is received that they're an approved voter, very secure. There's really like -- the strength of the integrity of this vote is really unparalleled. Same when you vote in person, right?

You have to be registered. You go in. You sign in the poll book. All of these things are tracked. Our voting systems and our databases make sure that no voter can cast more than one vote. It literally has a hard stop should anybody even try. And the counties again, as I've talked about, the amazing county election officials, they take this so seriously. They're such professionals.

So you know, I can just say really. No matter how you chose to vote this year and so many Pennsylvanians have and it looks like it's really going to be a great turnout when we finalize the numbers, that every method is incredibly safe and secure. Yes.

UNIDENTIFIED MALE: You've said, if I understand it correctly, there are enough results coming in tonight for the presidential race is. What's your basis for thinking that? Can you put a finer point on it? How long -- what makes you say that?

BOOCKVAR: So the counties are continuing to count. And so obviously, depending on how close the race is, that impacts whether you -- so you know, the final results are not certified until 20 days after the election, right? So I want to be clear. There are no final results happening now anyway. What's happening now is having enough ballots counted to actually see who the winner is, right.

The farther apart that is, the easier it is to tell. So it's very close in Pennsylvania, right? There's no question. And so that means it's going to take longer to actually see who the winner is. But I can tell you that there are several hundred thousand ballots remaining to be counted. You can track all that, what counties it remains in. Look at our website.

And you'll be able to see how we get to the conclusion. But you know, either way, I want to be clear, that these are just the mail-in and absentee votes and the in-person votes, right? The overwhelmingly -- like, you know, huge, huge majority of the in-person votes have been counted.

We're in a very good place with the mail-in and absentee ballots, but not quite there yet. But then there's still going to be provisional ballots, the military and overseas ballots, and so forth.

So the closer race is, the longer it takes. But I think -- what I've said all along is that the overwhelming majority of ballots will be counted by Friday. I still think that we're ahead of the schedule. We actually already have counted the overall and majority of ballots. But because it's a close race, it's not quite clear yet who the winner is, so yes.

UNIDENTIFIED MALE: You mentioned provisional ballots a couple of times. How many of those have been cast state-wide? And of those, how many have been counted and reported?

BOOCKVAR: So, very few have been counted because that usually happens following the counting of the other ballots. So, usually -- so that you won't see -- counties are not going to start that until after they've finished with the others generally.

So, we don't know yet. We've been reaching out to the counties. I know -- I can't remember if it was you or somebody else who asked me both about provisional ballot numbers and numbers of ballots arriving after Election Day, after 8:00 p.m. on Election Day. So, provisional ballots, you know, I think we've heard from, you know, maybe two-thirds of the counties so I don't have a firm number yet. And as soon as we do, we'll be able to report those numbers.

UNIDENTIFIED MALE: Can you give me your best estimate?

BOOCKVAR: The provisional ballots, I think it's still early yet. So, let's touch base again after I have more than the number that I have so far. Yes?

UNIDENTIFIED MALE: So, no guesstimate at all?

BOOCKVAR: It doesn't -- you know, the context -- the context matters, right? So, if I tell you a number that reflects 41 counties, it's not -- it could not -- it could be not reflective of the whole because it matters which counties they are, so we will circle back with you. Yes? You, sorry.

UNIDENTIFIED MALE: I know that you stand by the integrity of the election so far. Have you or any of the counties investigated any specific allegations of voter fraud?

BOOCKVAR: No. No. I mean, I'm not aware of any -- I mean, well, I should say you probably heard some weeks ago that there was a gentleman in Luzerne County who tried to apply for a ballot for his deceased mother. I don't know if you've heard that, but that was several weeks ago. That was the only incident that I am aware of in this year. Yes. Yes, sir?

UNIDENTIFIED MALE: I know that you said a minute ago that you guys have counted the vast majority of the in-person election day votes. Can you give us a more specific sense of how many of those are outstanding? Is it fewer than the remaining mail-in votes?

BOOCKVAR: Oh yes. If you go to our website and the supplemental dashboard, if you look at the pie chart, it's a tiny sliver. It may be the 99 percent are counted. So, it's -- but whether it's 99 or 98.5 go to the dashboard and it will tell you.

UNIDENTIFIED MALE: How much more beyond the mail-in ballots then?

BOOCKVAR: I mean, there's a tiny fraction of precincts that aren't counted yet. Yes. It's a very, very, very small number. Yes?

UNIDENTIFIED FEMALE: Beyond standing of mail-in ballots, does that include counties that -- have all counties segregated the ballots that came in after Election Day?

BOOCKVAR: Right. So, the ballots that have been counted so far are the ones that came in by November 3rd. So, all the counties are going to be segregating any that came in after 8:00 p.m. on November 3rd through 5:00 p.m. on November 6th. Yes? Yes, Dennis?

UNIDENTIFIED MALE: Secretary, there are seven precincts in Allegheny County that aren't reporting anything yet, that includes Election Day in-person ballots. Do you know what's going on there?

BOOCKVAR: No, I don't, but I'm happy to check with them afterwards. And I mean, I know what's going on with some of the other things, but I don't know what's going on in those seven precincts. So, thank you. We will reach out to them. Yes?

UNIDENTIFIED FEMALE: (INAUDIBLE) know how many mail-in ballots might still be in route to election offices that were postmarked by the third?

BOOCKVAR: Do we know how many are on route? No. You know, I could tell you that the numbers that have come in so far are a tiny fraction of what came in after the primary. So, I don't - I don't think -- and usually, I mean, based on historical numbers, you get the most ballots, you know, the day after election day, and then it dwindles from there. So, I think -- I don't expect it to be a significant amount.

UNIDENTIFIED FEMALE: Do you how many mail-in ballots were surrendered at the polls on November 3rd?

BOOCKVAR: Not yet. We will know that because -- we will know that, you know, once the counties do those -- because obviously, those voter declarations had to be signed. And I think they'll also be able to track the provisional ballot voters, the ones that didn't surrender their ballot but that will take some time. Thank you. Yes?

UNIDENTIFIED MALE: Have you or any of your staff taken any special safety precautions? And should the county workers who are doing the counting be concerned about their safety given the strong fields?

BOOCKVAR: So, by safety, you mean from the outside world?

UNIDENTIFIED MALE: Physical safety, yes.

BOOCKVAR: You know, the counties really have the -- are in the best position to assess that. I mean, as you might imagine, you know, we have a great Commonwealth, very -- a lot of diversity from, you know, very rural counties to urban counties. So, it's really not a one size fits all assessment.

We certainly talked to the counties and issued guidance and directives on security of the voting systems and the locations and all those things. But I think the physical security of the staff I would defer to the counties on.

UNIDENTIFIED MALE: What about you and your staff? Have you taking any special precautions?

BOOCKVAR: Yes.

UNIDENTIFIED MALE: Can you talk about those at all?

BOOCKVAR: I mean, we have security. We make sure that we are safe, and we make sure that where we are, where our operations are, are secure and safe.

Yes, thank you. Yes, Jan?

UNIDENTIFIED MALE: I was going to ask you about the late-arriving ballots, if you have any kind of idea of how many there are. But based on these questions, I get a sense you don't know. But you did tell CNN today that it was anywhere from zero in some counties to hundreds in others. So, I mean, can you be a little bit more specific?

BOOCKVAR: Yes. I mean, again, it's actually, it's a - it's a lower -- it's significantly lower number than we thought. But I think we've heard from -- I apologize, I forget exactly how many counties, so it's not a full picture yet, but it's a much less significant number. It's like a fraction of what we saw in the primary.

So, I think we saw 60,000 in the three days following the primary. It's not going to be anywhere near that. So, once I have the full -- again, I think I have maybe, you know, two-thirds of the counties. And so, I just want to make sure before I give -- but what I said was true. There are some counties that got zero the day following, and there were some counties that got in the hundreds, you know, maybe 500, but -- so that's the range that I have now, but I just don't want to give an overall picture until I make sure I have every county in. Thanks. But it really is smaller. Yes?

UNIDENTIFIED MALE: If I could just double back on mail-ins, uncounted mail- ins. I think you said in your opening remarks that there were several hundred thousand outstanding and we've heard some, you know, varying numbers on that. Can you put a finer point on that at all just what kind of figure we're looking at?

BOOCKVAR: So, go to the Web site and go to the dashboard. It's constantly changing. And so, it just seems like as soon as I give a number, there are county results that get updated and it's different than what I just said.

It's a moving target.

UNIDENTIFIED MALE: What's the last number that you were aware of?

BOOCKVAR: I think it was in the 350,000 range. But again, as soon as I say that, you're going to go into the dashboard and it's going to say it's lower than that.

UNIDENTIFIED MALE: (INAUDIBLE) difficult topic and thank you for indulging me.

BOOCKVAR: Yes, sure. Yes?

UNIDENTIFIED MALE: So, on election night, results in Lancaster County were showing an amount well above the amount requested and then nearly double the amount of return. Could you explain why that happened and if that was county specific?

BOOCKVAR: I'm sorry, can you repeat that again?

UNIDENTIFIED MALE: Sure. Yes. In Lancaster County, on election night, specifically, it was showing results for mail-in ballots that was well above the amount returned and the amount requested. Can you explain how that happened?

BOOCKVAR: You know, I can't remember Lancaster County specifically. What I can tell you is that some of the counties the way -- and Lancaster, I'm thinking it probably had to do -- so they're one of the two counties that had hard -- had hard voting systems. Some of the -- each voting system vendor has the way they translate with the data has worked slightly differently.

And as you know, this dashboard and even the Web site, it's the first year that we broke out provisional ballots, mail-in ballots, and in-person. So, some of the reporting, if the counties files were not done perfectly, it might merge to the categories, it might put things in the wrong category.

So, we've been working on all those quirks.

Like I know for example, York was off for a little while, but that is now corrected. So, that may have explained what was going on with the Lancaster. There just been -- most of it has been the county, the way they sent us the files, the data was just not in the right place, basically.

UNIDENTIFIED MALE: How do you ensure voters that it was handled and taken care of? Is there -- is there a way that you can do that?

BOOCKVAR: Well, it's fixed. I mean, it's fixed on the Web site. And you can also -- so, I mean, I think I've said this prior of these, but you can always go to the county Web sites. You can look and see. You know, it's the easy way to double-check. Yes, Dennis?

UNIDENTIFIED MALE: Secretary, some tweets have surfaced admittedly from a couple of years ago, your tweets suggesting negative things about Donald Trump. What do you say to people that say, "Geez, you're the person overseeing this election and you have clearly partisan views on the matter." What's your response to that?

BOOCKVAR: So, my response is, look, these were four years ago. And at the time, I was not in the administration, I was not in any public service. I was a private citizen. It was a personal Twitter account. And you know -- so that -- and then when I became secretary of state, I took an oath, Dennis. And I took an oath to defend and protect the constitution of the Commonwealth of Pennsylvania and the constitution of the United States.

And partisan politics have no place in the Pennsylvania Department of State or any county elections' office for that matter. I mean, we work for voting rights and for effective election administration. And I can tell you that I will do everything in my power to make sure that every voter, every candidate, and every party have access to a fair, free, safe, and secure election.

And I don't care what their background is. And I don't care what my background is. That's what we do at the Department of State. Thank you.

(END VIDEOTAPE)

PERINO: That was the press conference we were waiting for. Kathy Boockvar is the Secretary of State of Pennsylvania. I didn't feel like there was a lot of information there, but we have somebody on the ground who can help us sort of out and that is Eric Shawn. Eric, did you -- what did you get from what she just said?

ERIC SHAWN, FOX NEWS REPORTER: The most important two words. Stay tuned, Dana. There's a lot of speculation when she announced this news conference that the state was ready to announce the results, the final results of this. Certainly, that's not happening yet. As we heard 200,000 or so ballots are still to be counted.

I'm here at the Philadelphia Convention Center where right now inside they are continuing to count those ballots. They have about 91,000 ballots here in Philadelphia just for the city still to go. So we're certainly going to be going on this through tomorrow, if not, perhaps through the weekend.

This comes as the Trump administration -- Trump campaign has launched two separate lawsuits and there is a lot of confusion here tonight about one of them. But within the last hour, we have learned that the Trump campaign has launched a lawsuit claiming that the Philadelphia Board of Elections has not allowed their poll watchers inside.

The lawsuit claims that Trump Republican poll watchers have been barred from coming and seeing this firsthand themselves. But that appears not to be true because I have interviewed for two days now a GOP Trump activist who is a canvasser who has been inside this building. And a source tells me that right now, right as we're speaking, there are canvassers of both parties, A Democrat and a republican inside there right now watching the counting. Although there is an interesting point about what can you see.

Let me show you a photograph. This is the view. This is the exact point of view that a poll watcher sees. This is taken by GOP Trump activists, Brian McCafferty, here in Philadelphia. He's been involved in Republican politics for a long time. And Brian was angry about this. He wanted to get even closer. They were barred for 25 feet away. Then the federal judge ruled they could go to six feet. The city Board of Elections is appealing that.

This is the view exactly of what a Republican poll watcher is and has seen inside that room, which seems to conflict completely with the Trump campaign lawsuit and Trump claims that their poll watchers are not allowed in this room. In fact, earlier today, Brian told me how angry he was that he couldn't even get closer. Here he is.

(BEGIN VIDEO CLIP)

BRIAN MCCAFFERTY, POLL WATCHER, GOP: I would like the judge to come here and define six feet for me, because we cannot see them. Even though they've moved the desks up. I don't have a tape measure, but I'm going to tell American public, it's still 25 feet. We can't see anything.

(END VIDEO CLIP)

SHAWN: But the President also last night tweeted that, "They won't allow legal observers." That, frankly, is not true. That's not a true statement.

There are legal observers here. You just saw one in Brian, but we'll see.

But we'll -- Little Dorsey. We'll see how this all plays out.

There's a 7:00 p.m. federal court hearing, so we'll see what the Trump campaign brings to that court hearing and what the Philadelphia Board of Elections says and answer to that and see if not, that perhaps they are right, and that their poll watchers have been barred from where they think the poll watcher should be. So that should all play out in about 90 minutes from now here in Philadelphia in federal court. Dana, back to you.

PERINO: All right, it sounds like it's rush hour there. Thank you very much, Eric. Jesse, the Secretary of State -- I was kind of surprised. Why would you have this press conference just to say we are still working on it. But then Eric Shawn just said that this might actually take through the weekend.

WATTERS: What a mess, Dana. It's sad. We should have found out on election night. What happens is, if you scare the voting public about COVID-19 to the point where they're so terrified, they can't even walk to a polling station with a mask on and submit their ballot.

You're just going to send out tens of thousands of ballots into the countryside, and then you're going to see how many you need after the early vote and after the Election Day vote comes in, and then you count them in a room where you're not going to have sufficient oversight.

Could you guys see anything that was going on from that picture of the poll watcher?

WILLIAMS: Yes.

WATTERS: You're supposed to have eyes on the ballot so you can see one, if there's postage there --

WILLIAMS: Oh, my god.

WATTERS: Two, how it's opened, whether it's a naked ballot or not. Three, whether the signatures match, and for whether anything is interfered with while that vote is processed. That's impossible to do from that vantage point. It's corrupt. Everybody knows it. And that needs to be addressed immediately. And I think all Republicans throughout the country should stand up and say that.

WILLIAMS: Yes. You want to encourage people to protest a legitimate process

--

WATTERS: No one is protesting it.

WILLIAMS: -- in which the lady is doing her job.

WATTERS: I'm not protesting it.

WILLIAMS: You want people to be over her shoulder, interfering --

WATTERS: Six feet, Juan.

WILLIAMS: This is ridiculous.

WATTERS: The court order said six feet.

WILLIAMS: Let me just say --

WATTERS: Would that look like six feet to you?

WILLIAMS: Let me just tell you -- let me tell you the news that has apparently has you in this rage.

WATTERS: I'm not in a rage.

WILLIAMS: The news is that with Fox News having called Arizona with the president -- the president needing to sweep the rest of the states that have any chance, and of course, with Joe Biden doing very well in Nevada, it looks like he has a very strong chance of becoming President of the United States within a day or two.

WATTERS: So, if that's the case, why don't they let them watch the count room?

WILLIAMS: No, let me finish. You know what, you're raged because I have nothing to say. You have nothing to say.

WATTERS: Juan, I just said it.

WILLIAMS: You have nothing to say except oh, there is no --

WATTERS: If he is doing so well in Pennsylvania, why can't we watch? Why can't we watch?

WILLIAMS: Jesse, why don't -- Jesse, why don't we like crowds in --

WATTERS: No, the crowd. It's a lawyer, Juan. It's a lawyer.

WILLIAMS: This is ridiculous. Let the people do their job. Let the Secretary of State do her job.

WATTERS: Let the poll watcher do their job too.

WILLIAMS: They do. They come in. What did Eric Shawn just tell you?

WATTERS: They can't a thing, Juan. They can't see a thing.

WILLIAMS: That's not true that they are not in there. They are in there.

PAVLICH: Obviously, this morning, there was a problem because the Trump campaign did issue a lawsuit that the judge and the court ruled in their favor on. And if you were in the room, watching the count but you can't actually see the count, that is a problem.

And according to the campaign, that is still the issue. And they are -- they posted video of back and forth with the local attorneys saying you can't come in yet. We're evaluating what the court order means, what the judges said in this case. The campaign pushing back and saying we've been in legal work for 30 years. Why don't you understand what the court ruling is?

So, obviously, there was an issue this morning with access. You also had in Michigan yesterday, which are reporters were reporting. Matt Finn was posting video, this asking questions about why this was happening, papering over windows in Michigan when they were asking for access to watch the counting.

So, again, President Trump might lose his thing. The campaign says he can still win Pennsylvania, he can still win Arizona. But the fact is that the numbers are tough for both candidates at this point. They both have to make up a gap in both places.

But the fact is that just because the end result might be a winner or lost for the president, doesn't delegitimize questions about the process especially because Pennsylvania looks like it's going to determine the future of the presidency for the rest of the country.

And the rest of the country has serious questions about the process. And they deserve answers about a lack of transparency, why the lawsuits are happening, what is the outcome of the lawsuits, and why local officials, apparently, aren't enforcing a judge's order as of earlier today.

PERINO: And then in less than 90 minutes -- I guess, in about an hour and

13 minutes, then the Trump campaign will be back in court in Philly seeking an answer. Greg, and in Georgia, it's 0.2 percent between the two candidates.

GUTFELD: Well, you know what? You can really help right now. Hunter Biden?

No, no, no, he's a really good poll watcher.

WATTERS: Where is Hunter? Oh, God.

GUTFELD: He's an excellent poll watcher. By the way, just a reminder to everybody --

WILLIAMS: Can you serve drinks now? I need a drink now. This is too much.

GUTFELD: Just remember that after the 2016 election, there were a lot of Democrat leaders urging people to hit the streets. Maxine Waters, remember what she said, and it was about getting in people's faces. So, I would be -

- I'm not so much worried about or concerned about what's going on with these protesters and whatnot. I do think that it is time for a change.

I mean, we are a first-world country. We automate so many things. If robots can flip burgers, robots can count ballots. You don't have to stand six feet from AI or robots to do the counting. And I think that's where we're headed in the next couple of years. But I would just like to -- I just want to mention that I am actually really optimistic about what's going to happen.

We keep thinking about what's next. But remember how much Donald Trump accomplished within four years, OK. This was a probably one of the most consequential political phenomenons we've ever seen. Whether you hate him or love him or you're somewhere in between, you got 200 federal judges, you got three Supreme Court justices, you got the -- you got Middle East Peace Plans coming out the wazoo. He brought in the appeal of the Republican Party to blue-collar and Black voters. Let's hope the Republicans capitalize on that.

And you know what, and this is something that the left just should be thanking him for. He didn't start a single war. He upset you guys and kept you up at night with tweets. So, the good news is, this guy did a lot. And the even better news is he's going nowhere. So even if he -- even if he loses this election, I said this yesterday and people laugh, but trust me, 2024, he's going to be the nominee. And I'll be -- I'll be in my early 40s.

So, I could consider being the V.P. I'm not sure how I feel about it.

But I think that barring any health issues, he's going to be back. And the fact that he doesn't drink means that he's not going to change. You know what I mean? But I think that being -- if you're a Trump supporter, you got feel good. You won. The guy broke the system. He broke the mold. He broke the media, he broke the pollsters, he broke the entire political machinery.

Nothing is ever going to be the same. You're never going to see the same thing after Trump unless it's Trump.

WILLIAMS: Yes. So, he broke America. He broke American traditions. He breaks apart --

PERINO: America is not broken.

GUTFELD: America never gets broken.

WILLIAMS: He breaks apart trust in our country, trust in our election process. And you say, oh, that's great.

GUTFELD: Wait, you're the king of the Russian collusion. For four years, you spread this lies.

WILLIAMS: Wait a minute. You said, Maxine Waters said go to the streets, and so that excuses the fact that we just heard the secretary of state --

GUTFELD: And you know what happens?

WILLIAMS: Wait, wait, you just heard the secretary of state of Pennsylvania, and she's saying, she's going to have to have security -- she has to have personal security just to count votes.

GUTFELD: Oh, my God.

WILLIAMS: You've got these people screaming at people counting votes.

PERINO: OK. All right, we just have news breaking in my ear, and it is that President Trump will be making a statement at 6:30 p.m. tonight. So, that's in about 39 minutes if I'm doing my math correctly.

GUTFELD: I think it's about his V.P. choice for 2024. Guys, it's great.

PAVLICH: We got to go. We got to go, Greg.

GUTFELD: It's going to be the four but I'll see that --

PERINO: Well, you'll do a great job.

GUTFELD: Thank you so much.

PERINO: You'll do a great job. All right, much more to come on the 2020 race. Stay with THE FIVE.

(COMMERCIAL BREAK)

WATTERS: It's time now for "ONE MORE THING." Juan Williams.

WILLIAMS: Well, Jesse, you know, everybody loves Jesse's feeding frenzy segment. Well, today I'm jumping on the Jesse bandwagon with food news.

GUTFELD: What?

WILLIAMS: Take a look at this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Donut.

(END VIDEO CLIP)

WILLIAMS: Right? It's National Donut Day. So THE FIVE staff brought doughnuts in for every last one of us, even the ladies who don't eat donuts. But do you know that every culture in the world, every culture loves to eat fried dough. So, I can understand why because it's one of my favorite treats.

And for all of you with political anxiety -- Jesse that's you -- over the vote count that's going on in Philadelphia, I think it's time for you to zone out with a sugar high. Go, Homer.

PAVLICH: I'm stress-eating.

WILLIAMS: There you go. Stress -- comfort food, Katie. Comfort food.

WATTERS: Juan, you can jump on my food train any day of the year.

WILLIAMS: You're a gentleman.

WATTERS: All right, big news in the world of Watters. In 10 days, I think it's 10 days, "WATTERS' WORLD" season 10 drops on Fox Nation. Everybody loves it. I used to love it.

GUTFELD: Season 10?

WATTERS: Season 10 on Fox Nation.

GUTFELD: Wow.

WATTERS: Here's a little sneak peek.

(BEGIN VIDEO CLIP)

WATTERS: "WATTERS' WORLD," baby.

What should I wear for my Halloween costume?

UNIDENTIFIED MALE: You could be a newscaster.

WATTERS: The three wise men brought three gifts for baby Jesus. What were they?

UNIDENTIFIED MALE: Some sandals, a rope, and some bread.

(END VIDEO CLIP)

WATTERS: Maybe Jesus loves the bread and we hear he liked doughnuts too.

PERINO: All right, Jesse, eat that doughnut. OK, I have always been terrified to go whale watching. I don't like to be -- I respect what's underneath the water. Take a look at what happened to these kayakers out on the California coast when this whale jumps up and gets them in his mouth, OK, and then spits them back out.

WATTERS: Oh my god.

PERINO: All right. They were almost swallowed, these two women.

GUTFELD: Where?

PERINO: And I told my husband, I would never go whale watching or in a kayak. I do not want to do this out on the ocean. I respect what's underneath.

GUTFELD: They weren't in the mouth, Dana.

PERINO: Yes, sir.

PAVLICH: Yes, they were.

PERINO: They got scooped up. Yes, they were and then out. I mean, come on.

Thankfully, they were fine. And also they get back to their car and they're like, that was cool.

WATTERS: I can't believe the whale watchers got access to that body of water.

WILLIAMS: Isn't there a biblical --

WATTERS: The Biden people wouldn't let them in. They finally got in.

WILLIAMS: But isn't there -- isn't there a biblical story like this?

PERINO: Yes, Jonah and the whale.

WILLIAMS: That's what I'm thinking.

PERINO: I thought it was real until I was like 12.

WILLIAMS: Well, maybe they -- maybe that was Jonah.

PERINO: I mean, but I do think it has happened. I think that's where they got the story.

WATTERS: Let's go to Greg on his biblical expertise.

GUTFELD: Yes. This is -- let's do this.

(BEGIN VIDEO CLIP)'

GUTFELD: Animals are great. Animals are great. Animals are great.

(END VIDEO CLIP)

GUTFELD: Yes, see if we get rid of that chart on the right. That's what we did there. No charts there. My favorite cocktail has three ingredients.

One, a bush baby, two, a slow motion, and three, a leap. Look at this fellow. Look at this finesse, this athletic prowess and the way he lands is absolutely beautiful. Look at that.

I could watch this for days and I have a feeling I probably will because I don't know why. It's just something to watch.

PERINO: It's pretty cute.

PAVLICH: Very cute.

GUTFELD: It is cute.

WATTERS: Bushbaby. Katie?

PAVLICH: All right. This is very cool. The Army Museum Enterprise is getting rid of 500,000-plus historical items, duplicate artifacts from its collection over the next five years. It's going to give them away to other museums, veterans organizations, national parks, educational institutions, and the chance to snag their own piece of history.

Now -- and if there's leftovers, they're willing to open it up to the American public which is great because tanks are available. I'm probably going to sign up for one.

PERINO: That's really neat. I like that.

WATTERS: Tanks are available, you say?

PAVLICH: If there's extra.

PERINO: You might need one, Jesse.

WATTERS: I might need more than one, Dana.

WILLIAMS: My wife always says she going to get a tank to drive.

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