Ted Cruz discusses next steps in legal fight over 2020 election

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Ted Cruz discusses next steps in legal fight over 2020 election

Senate Judiciary Committee member joins Sean Hannity to discuss the ongoing voting controversy

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

SEAN HANNITY, FOX NEWS HOST: Tucker, great show. Thank you.

Welcome to "Hannity."

We begin tonight, a FOX News alert. We do have breaking news out of Arizona, a batch of newly-posted ballots from the liberal stronghold, the Pima County, are breaking for President Trump at a rate of almost 52 percent. That is huge news from a very liberal county.

Over the past 24 hours, the president has picked off -- we'll be on that -- over 24 other thousand votes. This margin, this trend continues. There's still almost 350,000 votes out there, outstanding, which many experts are predicting that the president will continue to do well, because a lot of those votes came in day of or the day before election. And the president has a good shot, according to observers, and people on the ground that I have been speaking to in Arizona to overtake that and win the state of Arizona.

Any call of Arizona was premature based on everybody that I've talked to that knows the numbers out there, which brings us to our top story night.

As poll workers slowly continued to tabulate results, we have serious reports of irregularities and fraud and not allowing vote counters to observe, counting -- which is a matter of law. And they continue to come in, these reports from all over the country.

Now, in just moments, we're going to bring you live updates on the ground in Arizona, Nevada, Michigan, Pennsylvania.

We'll also show you two bombshell videos from Project Veritas showing reported voter fraud at a frightening level.

And coming up, we'll hear from an eyewitness. We'll hear accounts from Americans who witnessed voter fraud firsthand.

But first, only moments ago, the president of the United States delivered an important message about what we're now witnessing in state after state, after state.

Watch this.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: If you count the legal votes, I easily win. If you count the illegal votes, they can try to steal the election from us. If you count the votes that came in late, we're looking to them very strongly, but a lot of votes came in late.

There are now only a few states yet to be decided in the presidential race, the voting apparatus of those states are run in all cases by Democrats. We were winning in all the key locations by a lot, actually. And then our numbers started miraculously getting whittled away in secret. And they wouldn't allow legally permissible observers.

(END VIDEO CLIP)

HANNITY: Now, if you were watching almost any other so-called news network or broadcast network other than FOX, you would not have seen any of that.

And yet, a blatant new contribution to all things Joe Biden and the radical socialists in an attempt to suppress information by the big tech institutions, the corrupt media mob, they cut away from the president speaking so that their own idiotic abundance could trash him.

Wow. Take a look.

(BEGIN VIDEO CLIP)

TRUMP: It's amazing how those mail ballots are so one-sided. I know that it's supposed to be to the advantage of the Democrats. But in all cases, they are so one-sided.

UNIDENTIFIED MALE: We're watching President Trump speaking live from the White House, and we have to interrupt here because the president has made a number of false statements.

TRUMP: Likewise in Georgia, I won by a lot, a lot --

UNIDENTIFIED FEMALE: And there, the president of the United States address in American people for the first time, claiming that if you count the legal vote, I'd easily win.

(END VIDEO CLIP)

HANNITY: Stand back and take this in here. The media mob now edits and controls. They don't want you to be able to decide for yourself just like big tech companies are editing what news articles you can read and make decisions on. Wow. Truly an Orwellian nightmare.

What have I been saying about big institution in this country? Failing we the people at levels I could never imagine.

Same idiots, by the way, same networks, same people that lied to you for years about Russia, Russia collusion that never existed. They never told you the truth about the Russian disinformation dossier or the fact that that dirty Clinton bought and paid for Russian disinformation dossier was used to spy on the presidential candidate and then a president, or about Ukraine hiding as they did the entire campaign Biden family corruption, and quid and pro and quos, and big deals with China, and with Ukraine, and Russia.

They hid from you -- let's see, oh, the weak, frail and Joe Biden's obvious cognitive decline, acted like it didn't exist.

Now the mob and the media is only one powerful institution that has utterly failed. We, the American people, big tech, another one. Our educational system, another one. And I can keep going.

We can no longer trust the vast majority of this country's pollsters who, yeah, once again, they got every thing wrong. And, by the way, now, the president, he described even the credibility of our election is in question, state after state.

Let's start in Pennsylvania where something strange and suspicious has been happening. In Philadelphia, election officials, they are biting tooth and nail to prevent poll watchers which the law allows from observing the ongoing vote count.

Look at this summary of law, quote: Partisan voters may observe at polling locations and may still until the time that the counting of the votes is complete. Partisan observers are permitted to be present when absentee and mail-in ballot envelopes are open and when the ballots are counted and recorded. And post election, partisan observers may be present at the tabulation or canvassing of unofficial and official returns, and any recount or re-canvas.

That is the law. And it's in pretty much every state. It's that simple.

Now, the law is clearly being broken as we speak. In Philadelphia and other locations, you have officials blocking the Trump campaign from viewing the process as they have from the beginning.

And according to a lawsuit now filed by the Trump campaign, quote: election officials are intentionally refusing to allow representatives and poll watchers for President Trump and the Republican Party.

Listen to how one poll watcher described the scene. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Supposedly observing what we can't see. We are further away than I am from you all here. Hundreds, at least 100 feet away from open ballots that go back out of our site, we can't see them. We don't know what is happening to them. It's just -- there is no way for us to observe the process from where they have us.

RUDY GIULIANI, PRESIDENT TRUMP'S ATTORNEY: Could you tell us how many ballots approximately went through that process that you had no chance to observe?

UNIDENTIFIED MALE: Based on the accounts that we've heard, it's about 125,000, maybe more.

GIULIANI: So that should be deducted from the account. Those are ballots that were counted in violation of the law.

(END VIDEO CLIP)

HANNITY: Wow.

What about the law, the Constitution? Quote: the times, places, manners of holding elections for senators, representatives shall be prescribed in each state by the legislature thereof.

In other words, the state legislature, they decide election law and regulations, not local or city officials. And, by the way, it is illegal for them to block observers or strict location to 20 or 100 feet where you can observe. It is also illegal for the city of Philadelphia to disregard a court order, mandating that observers be allowed back in.

Does not invalidate the process considering they're violating the law? And what is the remedy?

The only remedy I would see at that point, is they did it and they violated the law. Nobody can testify to the legitimacy of what they're counting was.

What, a do-over in that state. By the way, something that has never been done in a presidential election.

By the way, I just got this breaking news as a relates to new ballots that have come out for Maricopa County. This is the Arizona result that I've been telling you about. The magic number of Maricopa, the president maintained 57 percent. Then the president would be well on his way to winning that state. Seventy-four thousand ballots have just come in for Maricopa, 57 percent for President Donald J. Trump, in keeping with the number that he would need to win the state of Arizona as that count keeps going.

Keep in mind, today, when I started my radio show, 3:00 Eastern, the president was up by 108,000 in Pennsylvania. When I ended, it was down to around 70,000. Now it's down even further.

During that four, or five, six-hour period now, Republican election observers were barred from doing their job and what the law allows. This is not the first time a poll watcher was blocked.

Take a look at this example actually caught on tape. Let your own eyes decide.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You're not letting me in?

UNIDENTIFIED FEMALE: No.

UNIDENTIFIED MALE: No.

UNIDENTIFIED MALE: Call the police. Do it.

(CROSSTALK)

UNIDENTIFIED MALE: I have a citywide watcher's certificate.

UNIDENTIFIED FEMALE: It's not for this location.

(CROSSTALK)

UNIDENTIFIED MALE: This is for the city of Philadelphia. This is the city of Philadelphia.

(CROSSTALK)

UNIDENTIFIED MALE: You wanted to talk. You wanted to talk outside. Let's talk.

(CROSSTALK)

UNIDENTIFIED MALE: I ask you to read the line. The line said it's good in every ward and division of the city.

(END VIDEO CLIP)

HANNITY: Even later, the city of Philadelphia admitted that he should have been allowed into the building but the damage was done, an untold number of votes counted without an observer in the room, as a matter of law.

Remember, this is Philadelphia, the land of corruption fraud and election abuse. Now, just this year, a Philadelphia judge of elections admitted that he took bribes to stuff the ballot box for Democratic candidates. The city's treasurer was fired after getting arrested by the feds for embezzling money. The city's former congressman was indicted on voter fraud and bribery.

So, yeah, it's very important that Republican poll watchers observe the process as a matter of law in Philadelphia. That law has been broken and it is pure corruption that they are being blocked, especially since the state's top officials are openly and publicly hostile to President Trump.

Now, before the election, October 31st to be exact, before any votes were counted, the state's attorney general was already predicting, quote, if all the votes are added up in PA, Trump is going to lose. That's why he's working overtime to subtract as many votes as possible from the process.

Meanwhile, the Pennsylvania secretary of state tweeted using the title president before the word Trump really demeans the office of the presidency. Little bias there?

The state's lieutenant governor just referred to President Trump as, quote, just another internet troll during an interview with his friends on MSDNC, he all but guaranteed a Biden win. What did he know that we didn't know?

Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: At this point, how many votes are outstanding there?

LT. GOV. JOHN FETTERMAN (D), PENNSYLVANIA: Well, I mean, several hundred thousand of them and it's generally accepted that it's going to be enough that would probably deliver our commonwealth to the vice president at this point.

(END VIDEO CLIP)

HANNITY: Laws clearly being violated. Do you trust these people to oversee a free and fair election that you have confidence in? Do they seem trustworthy to you? Do you see corruption riddled Philadelphia that they're willing to do anything without any oversight as breaking the law? Because now Philly is still counting votes without any legitimate oversight whatsoever, no transparency, no accountability and we the American people should be very concerned.

Take a look.

(BEGIN VIDEO CLIP)

PAM BONDI, FORMER FLORIDA ATTORNEY GENERAL: They have refused to let us have meaningful -- a meaningful view of the vote count. They have continued to count the votes because -- because they have done nothing to help us.

They are not letting every legal vote count. They are letting anything come in, they are not letting us look at anything at all.

COREY LEWANDOWSKI, FORMER TRUMP CAMPAIGN MANAGER: They believe they are above the law, so because they would not follow the law of the state of Pennsylvania, we have filed for federal relief. That is what we're doing because we will not let the people of Pennsylvania go without having an election observer for every single ballot.

(END VIDEO CLIP)

HANNITY: Corey and Pam will both join us in a moment.

But, first, sadly, Pennsylvania is not the only state facing really serious questions about fraud and abuse. In Detroit, dozens of poll watchers were reportedly barred from observing the process there, some forcibly removed from the room as local election workers were actually cheering. Take a look.

(VIDEO CLIP PLAYS)

HANNITY: That's a matter of law also. Look at your screen. At one site, workers put cardboard over the windows of a vote counting station so no one can see in, another violation of law.

Meanwhile, according to Project Veritas, a purported whistleblower from the Postal Service in Michigan in Traverse City alleges that he was ordered to back date the postmark on a newly discovered batch of mail-in ballots.

Now, we have not independently verified but we'll let you decide. Take a look.

(BEGIN VIDEO CLIP)

JAMES O'KEEFE, PROJECT VERITAS: Tell us where you work.

WHISTLEBLOWER: I work in the Traverse City Post Office. More specifically the Barlow branch.

O'KEEFE: Your boss told you and your colleagues something that shocked you this morning. What was it?

WHISTLEBLOWER: We were issued a directive this morning to collect any ballots we find in mailboxes, collection boxes, just outgoing mail in general, separate them at the end of the day so that they could hand stamp them with the previous days date. Today is November 4th, for clarification.

O'KEEFE: So 8:00 p.m. Election Day, November 3rd. The Court of Appeals ruled ballots have to be received by that time. And what were you told?

WHISTLEBLOWER: To separate them today so, they can mark them with yesterday's date and send them through the express system to wherever they needed to go.

O'KEEFE: This appears to be an attempt to circumvent Michigan law and allow late votes, and you said there was a hamper where letter carriers were supposed to leave their ballots. Where are the ballots now?

WHISTLEBLOWER: They were putting them into express bags to go to the distribution center.

(END VIDEO CLIP)

HANNITY: Now, in a statement, the USPS writes, quote: The U.S. Postal Service is aware of the video which has been referred to the U.S. Postal Inspection Service and the office of inspector general.

The state of Michigan claims it does not accept mail-in ballots after election day and meanwhile, in another bombshell Project Veritas video, a purported Nevada mailman is captured on tape sharing unclaimed ballots with an undercover journalist, can't verify, but we'll let you decide.

(BEGIN VIDEO CLIP)

JOURNALIST: Yeah, where can I find a handful of them?

ART, POSTAL WORKER: I don't know man. I'm almost finished with the boxes today.

JOURNALIST: All right, brother.

ART: Hey not a problem, man. I'm going to see if I can get you some like a nice little handful. What's your unit number?

JOURNALIST: You're going to get a handful?

ART: What's your unit number?

JOURNALIST: 322. You're going to get a handful?

ART: I probably could. I don't know. Maybe. If it's in there, I didn't do it.

JOURNALIST: And you'll put some of them in there for me?

ART: I might man. Let me see what I can do.

(END VIDEO CLIP)

HANNITY: Very concerning, got to be investigated.

And that's not all. The Trump campaign just filed a lawsuit claiming that

10,000 people voted who no longer live in the state. Wow.

And breaking moments ago, the Nevada GOP just filed a criminal referral to the DOJ, alleging more than instances of fraud. Keep in mind, just a few thousand votes separate the president and Joe Biden in the state. And meanwhile, on election day in Nevada, campaign observers were also allegedly booted from the polling locations there.

We'll let you decide.

(BEGIN VIDEO CLIP)

VOTE OBSERVER: The question was asked at 1:30 in the morning, why are you here? And our response was, well, it's election night. That's why we're hearing you guys are obviously counting ballots.

And it was unique because they said they had an hour and a half left of counting to do, and an official came out who was kind and access to signed documents, and a few moments later, we were asked to leave. Well, I find that ironically we were actually, within 10 to 12 minutes, when they said they had an hour and a half kind of left to do.

(END VIDEO CLIP)

HANNITY: So if these people observing or denied access to observe, how can anybody confirm have faith, trust confidence in the legitimacy of any ballot, and how many people were denied legal access to the opening of ballots, and does this then call into question the legitimacy of the ballots when the legal right to observe and confirm were denied everywhere it seems?

Doesn't it then take away a huge legal right in the vote tabulation process? Because this ought to scare every American -- no checks, no balances, no authentication, no transparency, millions of mail in ballots, postmarked, no postmark, reports of dead people voting in states, and days and days of vote counting without observers, and tens of millions of ballots sent out.

It'll be months before we ever sort out the legitimacy of where the ballots were sent, whether or not they're true or not, we weren't there to observe as a matter of law.

This is the United States of America and that now, it is -- I can factually tell you tonight -- it will be impossible to ever know the true, fair, accurate election results. That's a fact.

And now we know why Democrats delayed needed aid dollars for American -- the American people and businesses on the first COVID relief package, this is the chaos they wanted and were fighting for and they got.

Americans have every right to be suspicious. They have every right to distrust the legitimacy of the results. We have the greatest best technical minds in the world and we can't develop a voting system that we can have confidence and trust in, that that is a free and fair and honest election that prevents opportunity for fraud and corruption.

And meanwhile, we can send people to the moon and back and fly you know rover to mars. Americans will never be able to believe in the integrity and legitimacy of these results an unmitigated disaster and frankly on the world stage, an embarrassment.

Here with more, Trump 2016 deputy campaign manager Corey Lewandowski, former Florida Attorney General Pam Bondi, and Trump attorney David Mandel is with us, and Matt Schlapp also.

Thank you all for being with us.

Let me start, Pam, on the matter of law.

In all of these states, is it not a matter of law that partisans have a right to observe the counting?

BONDI: Of course, they do, Sean. It's a matter of law. And that's -- you know, it's under our U.S. Constitution and the legislature of each state sets the boundaries for that. Yet, we have these secretaries of state who are obstructing our people from coming in to observe the ballot counting process. I've never seen anything like it in my entire career.

HANNITY: David, let's get your take as a lawyer for the Trump campaign. Was the law violated and what is the remedy now?

DAVID MANDEL, TRUMP ATTORNEY: Yeah, I'll tell you, Sean, they're telling us to trust but not verify, and that is essentially what's going on in that convention center. We have seen it for the last several days.

We have be -- we are being denied a meaningful opportunity to observe what is going on. That is our point. We want to count every legal vote. That is what we're there to do.

We don't have any opportunity to observe, review or challenge any of these votes.

HANNITY: So, Corey Lewandowski, as we speak there are no observers allowed in in Philadelphia while this counting is going on, and the president's lead is now at 51,000 when it was 400 and some odd thousand.

LEWANDOWSKI: Sean, what they have done is they've completely defied a appellate court order here in the city of Philadelphia from a duly elected judge. We called the sheriff to come and enforce the order that would have given us permission to go inside that room to witness what was happening we presented them with the court order. The sheriff in Philadelphia said, not only am I not coming down to enforce the order, but don't bother calling us back.

Then the board of elections in the county said it will take us days to review the judge's order. They then turned around and took the case to the state Supreme Court in the state of Pennsylvania to try and get that judge's order stayed.

So, individuals like me or you have no ability to go in and review the ballots which are being counted right now in the city of Philadelphia. They are behind armed guards. You have to go through magnetometers if you were to go there, and there's clearly an intimidation factor even once you get inside those doors with people wearing badges telling that -- telling our people, you have no right to videotape or take pictures.

HANNITY: Guys, stay right there. Matt, we'll get here from you.

More from our panel in a minute. Ted Cruz will join us and also Lindsey Graham.

And moments ago, we got an update on the vote tally in Arizona -- good for President Trump.

Also, we'll have the latest out of other states and other corruption going on around the country.

Stay with us.

(COMMERCIAL BREAK)

HANNITY: We continue from Philly tonight. Corey Lewandowski, Pam Bondi and David Mandel. Matt Schlapp is out in Vegas.

Matt, what's going on out in Vegas tonight?

MATT SCHLAPP, AMERICAN CONSERVATIVE UNION CHAIRMAN: Well, Sean, just like the themes you already brought up, we have not been allowed in Clark County, the county of Las Vegas, for a single moment to watch and observe the counting of ballots. There is no signature match. No true signature match for all this male and vowing voting.

The fraud is unimaginable and already, just with public source data, our lawyers on the ground have found 3,000 people who are in this tally who don't even live in Nevada. That's obviously -- we made a criminal referral.

We're going to see where that goes.

But, Sean, I was 36 days in the Florida recount, there was a Democrat and a Republican that watched the counting of every single ballot. There are no Republicans in these rooms. Clark County is a Democrat-run Harry Reid machine. We wouldn't accept these election results from a banana republic.

How are the American people going to be asked to accept these results when we don't have basic protocols for democracy in place? I've never seen anything like it.

HANNITY: All right. Last word, Pam and David, and as much as the law is clear that you're allowed to have partisan observers, it's not happening in these states. That's a violation of law.

Now, state legislators they have a right to weigh in on this even more so than the court, don't they?

BONDI: Well, they did, Sean, and that they allow it and that's the problem.

It wasn't happening.

One more thing, it was only happening just what happened to Matt out in Nevada, what happened in Pennsylvania when Corey and I got here, only the blue counties were we kept out of the polls. We could not observe in the blue counties. The red counties, they didn't care. It was the blue counties.

So that makes it even worse. People are still coming out of the woodwork, Sean, just had a gentleman -- we just heard from a family a gentleman died August 1st, August 8th, he registered to vote. Same thing, it's coming -- they're coming out of the woodwork. Go to @pambondi, and we've listed where to go -- anywhere in the country, where to go and we'll sort them out between among countries -- among states, and get the right voter fraud out there.

If you -- if you've experienced it in your state, you've got to report it.

It's not too late.

HANNITY: All right. Thank you both, but we'll watch closely.

All right. Big news out of Arizona tonight. Another 70,000 votes from Maricopa County have been released with President Trump grabbing 41,000 votes to Biden's 31,000. That's another gain of over 10,000 for the president, and that means Biden's lead in Arizona has shrunk to around 46,000, down from 68,000, down from 93,000 -- the only state were actually really seemingly doing it the right way.

And it comes as the Trump team is continuing to project confidence that the president in fact will hold the state of Arizona. The analytics firm data Orbital has been crunching the numbers all day and night, laying out the president's path to victory in Arizona.

Here to explain is the president of that company, George Khalaf is with us.

George, you know, you've kind of said in the beginning, if the president maintained in Maricopa County 57 percent, he would come out on top. That then there at -- then we had then more votes that showed up even on top of that. Do you see the president's path to victory in Arizona?

GEORGE KHALAF, DATA ORBITAL PRESIDENT: We're still confident about the president's path in Arizona and not did Maricopa hit its goal but Pima County, the president actually exceeded the projections that we had for him.

HANNITY: In other words, that's a Democratic county and he got percent of the numbers that came out tonight, right?

KHALAF: Exactly. He won those by five percent, and overall, he was losing pima county by 18 percent prior to that.

HANNITY: Okay. So at a minimum, how close do you think the vote separation will be at the end of this process? What do they got? About 350,000 or

400,000 more to go. How close are we talking about in terms of raw numbers?

Will the final count be do you think?

KHALAF: So we've got about ballots left. Currently, we are projecting this to be within the mandatory recount limit. So we're talking maybe two or three thousand vote separation, in either direction.

HANNITY: In either direction. So the state of Arizona, in your professional opinion, if it's that close, should never have been called by anybody?

KHALAF: Absolutely, the call was extremely premature when it was made.

HANNITY: Unbelievable.

All right. Thank you, George. We appreciate it. We'll watch closely.

Ask yourself tonight, do you trust what happened so far when you hear that election observers by law allowed to be there and they're not there? Do you trust what you are seeing unfold right before your eyes, the Democrats, the media, do they really want a free, fair, honest election, or are they going to support removing President Trump by any means necessary?

You need to ask yourself. Do you truly believe this election is the best of what we, the U.S. are capable of? We have counted that -- you know, accounting here of everything being shrouded in secrecy, laws being just ignored, banning election observers, postmarks -- why are Democratic election officials against transparency? Frankly, it's causing a complete loss of confidence in the system among the American people. We were warning about this four months, the president was as well.

This last minute change, mail out, tens of millions of ballots, lack of standards and safeguards to preserve the integrity of the ballot.

Here with reaction, Senator Lindsey Graham, won by a big margin. By the way, the polls were off in your race by about 15 points as well. Not a single poll predicted Susan Collins would win, and she won by seven.

SEN. LINDSEY GRAHAM (R-SC): Yeah, mainstream media polling is designed to suppress Republican votes. I won by 11. Susan won by seven or eight. Mitch won by 21. It's a game they play with their polling to depress the Republican vote.

But I'm here tonight to stand with President Trump. He stood with me. He's the reason we're going to have a Senate majority. My race was overwhelming.

He helped Senate Republicans. We're going to pick up House seats because of the campaign that President Trump won.

I'm going to donate $500,000 tonight to President Trump's defense legal fund. I've been on your show. You've raised a ton of money for me. Your audience was incredibly, helpful, to Lindsay Graham, so we'll have the resources to fight.

The allegations of wrongdoing are earth-shattering. It makes the Carter warrant Page application -- Carter Page warrant application look on the up and up.

So, Senate Republicans are going to be briefed by the Trump campaign Saturday and every Senate Republican and House Republican needs to get on television and tell this story.

HANNITY: Let me -- you're a lawyer also senator. We're hearing report after report --

GRAHAM: Yes.

HANNITY: -- election law is clear. It is clear that partisan observers can be there for the vote count. They're being denied access.

GRAHAM: Yeah, right.

HANNITY: Now, if that part of the election law is violated, now, we also know that the Constitution allows state legislators to serve -- you know, they're the ones that would make decisions. Should these Republican lawmakers in Pennsylvania and elsewhere, if there's corruption in the law, they don't abide by the law and they don't allow observers in as the law calls for, should they then invalidate this?

GRAHAM: I think everything should be on the table so there's the process of observing an election that's being violated.

Philadelphia elections are crooked as a snake. Why are they shutting people out? Because they don't want people to see what they're doing.

But you're talking about a lot of dead people voting. You're talking about in Nevada, people voting who are not legal residents.

In Arizona, it's being run well. Doug Ducey's a great governor. He confirmed what your other guest just told me. Doug Ducey said this is coming down to a couple thousand votes one way or the other.

I trust Arizona. I don't trust Philadelphia. I don't trust what's going on in Nevada.

So everything should be on the table. Let's stand with President Trump, he stood with us, and this reminds me of the Carter Page warrant application where they're just trying to get an outcome, damn the law, damn the process.

HANNITY: All right. Senator, we'll keep watching.

Five hundred thousand dollars you just donated to the president's defense fund here. Wow.

GRAHAM:Donate to DonaldJTrump.com -- five bucks from a million people goes a long way.

HANNITY: Very generous, Senator. We need to get to the truth.

GRAHAM: Thank you.

HANNITY: Now joining us, Senator Ted Cruz of Texas.

Senator, you're one of the smartest lawyers and best students of Alan Dershowitz. You know election law.

You're allowed to have partisan observers. They're not being denied act -- they're being denied access. What does that tell you and what is the remedy, sir?

SEN. TED CRUZ (R-TX): Well, Sean, what we're saying tonight, what we've been saying the last three days is outrageous. It is partisan, it is political and it is lawless.

And we're seeing this pattern in Democratic city after Democratic city, but the worst in the country right now is Philadelphia and Pennsylvania, where they're not allowing the election observers in despite clear state law that requires election observers being there, despite an order from a state judge saying election observers have to be within six feet of the ballot counting. They're just ignoring the law, they're defying the law.

And there's a reason they're doing that. There's a reason they're defying the law. The reason you don't want observers there is because you're doing something you don't want to be observed.

And I am angry and I think the American people are angry because by throwing the observers out, by clouding the vote counting in a shroud of darkness, they are setting the stage to potentially steal an election not just from the president, but from the over 60 million people across this country who voted for him all across this country.

It is lawless and they need to follow the law.

HANNITY: I mean, it really is that simple. If -- how are Americans ever to have, and whichever way the election comes out, I'm for free, fair, open elections. You know, we are the home of Microsoft, Silicon Valley, and Microsoft. Do you think that we could come up with a better system than this system, with last-minute millions of ballots being sent out and then no observers of the -- of the count when the law requires it?

Now, tell me, legally, how does this play out? Is that the state legislatures? Is that the U.S. Supreme Court?

Who will make the ultimate determination with the law being violated that in fact invalidates the election that the law wasn't followed?

CRUZ: So, it's all of the above. We may well see the state legislatures get involved. Well, certainly, we've seen the state courts. We may see the federal courts. We may ultimately see the U.S. Supreme Court.

The standard should be that we should be following the law. We should be following the Constitution. We should be following federal law. We should be following state law.

And that --

HANNITY: It's not happening -- Senator, it's not happening. That's the point.

CRUZ: And so, look, in my view, we need the Department of Justice in there to enforce the law. We need public scrutiny. The media is acting as apologist for what's going on here.

Sean, how can it's just the big Democratic cities that can't seem to figure out how to count a damn vote. You know, the state of Texas counted over 11 million votes and we got it done. And we got it completed.

And yet Philadelphia and yet Detroit and yet Las Vegas, they sit in a darkened room, in Detroit, they covered up the window so no one could look at them. And it is only the hard Democratic cities where they know what the total is, that they've got to get the votes. That they've got to try to beat the president and they don't want anyone watching them.

It is outrageous. I talked with the president this afternoon, Sean, and I'll tell you, the president is angry and I'm angry. The voters ought to be angry.

If the media had a shred of integrity, they should be angry too that there's no transparency. This is happening under the cloak of darkness, what they're apologizing for (ph).

HANNITY: Senator, is it a fair statement to say that now that the law was violated and election observers were not allowed in the room and were not allowed to have their rights by law, that it invalidates the election?

Now, on the local level, there have been -- there have been election do- overs, I'm not saying for the whole country, but in a state that can prove that the law was violated and observers were kept away, which is their right, which is the law.

Do you have a revote?

CRUZ: You know, that is -- that is a tough question. I can tell you in election law litigation, the standard for holding a new election is extraordinarily high. Courts try to do everything else before they do that.

But you know, I am more than a little frustrated that every time they close the doors and shut out the lights, they always find more Democratic votes.

It's -- you know, 20 years ago, we had Bush versus Gore, the recount. And I was part of George W. Bush's legal team.

And we saw that pattern. Every time, there was a recount, somehow magically, there were more Gore votes, and more Gore votes and more Gore votes. It was always the Democrats that would keep on finding votes.

There, we had chads, and it was our belief that they were just sitting there poking out new chads with their finger nails. That they were willing to steal the election.

The answer really is, don't give them the opportunity to steal the election. If you had a --

(CROSSTALK)

HANNITY: Senator, it's -- the ship had sailed. At 3:00 this afternoon, I began my radio show, and Donald Trump had -- I'm looking right now in Pennsylvania. He had over 108, almost 109,000 vote leads. It's now 42,185.

That's in six hours and 42 minutes.

CRUZ: Well, the state attorney general has been very candid. He said that they intend to keep going until Joe Biden wins. I mean, it is unfortunately a partisan operation.

You know, at a time when so many people distrust the process, distrust our democratic system, refusing to allow transparency -- let me give you an example. If someone goes in, say, to a bank and cuts off the security system and cuts off the cameras, is it because they just intended to deposit a check or is it because they intend to break the law?

When these guys -- when these partisan operatives throw the observers out, the natural inference, which any court of law would take, the natural inference, if you don't want anyone seeing what you are doing, is that you intend to break the law, and the consequences here aren't just a Philadelphia City Council election, but it is the presidency of the United States. And it is ridiculous that this is occurring right now.

HANNITY: The -- Daniel Horowitz (ph), I will put it up on my website, has a great piece out today. You know, who determines the outcome on any given state. And he says, governor, no. He says president wins a state, the electors selected by the state legislatures, thus ultimately according to the Constitution, they wind up serving as the king makers.

And so, there is a lot of power there like in a state like Pennsylvania where it's a Republican legislature.

CRUZ: Look, that's exactly right. Now, that's a big cannon to use.

I can tell you, during Bush versus Gore, we were having very explicit conversations about that, as we were seeing an effort to steal that election. I -- the answer that I want to see, the outcome I want to see is to count every vote that was legally cast and for the president to win --

(CROSSTALK)

HANNITY: Senator, how do you go back and do that when it wasn't observed when they were counting the votes? Did they change any?

CRUZ: It is -- well, we still have, the president still has a 42,000-vote lead right here in Pennsylvania.

HANNITY: Yeah.

CRUZ: We need to get observers in there now -- not an hour from now, not two hours from now, right now.

HANNITY: Senator, I would bet you that ship has sailed and any shenanigans have already been done. That would be my best guess.

CRUZ: Well --

HANNITY: We didn't have observers in there as a matter of law. They weren't allowed.

All right. Senator, we've got to run, but thank you.

Up next, Newt Gingrich will weigh in on the swing states that have yet to be called and what plan the president should pursue, next.

(COMMERCIAL BREAK)

HANNITY: All right. Joining us now, the author of the bestseller, "Trump and the American Future", former Speaker of the House Newt Gingrich.

Mr. Speaker, I have in my hands -- this is a copy of election observer laws. Let's see. Pennsylvania, Michigan, Wisconsin, all of them have -- by the way, a lot of them mention partisan observers are permitted to be present when ballots are counted.

But we get report after report that they are not being allowed to observe.

Is that a violation of law? And how do you remedy that?

NEWT GINGRICH, FOX NEWS CONTRIBUTOR: You know, I think, I've been active in this since 1958, that's 62 years. I am the angriest I have been in that entire six decades.

You have a group of corrupt people who have absolute contempt for the American people, who believe that we are so spineless, so cowardly, so unwilling to stand up for ourselves that they can steal the presidency. And we will wring our hands, bring in a few lawyers, and do nothing.

My hope is that President Trump will lead the millions of Americans who understand exactly what's going on. The Philadelphia machine is corrupt.

The Nevada machine is corrupt. The machine in Detroit is corrupt. And they are trying to steal the presidency. And we should not allow them to do that.

First of all, under federal law, we should lock up the people who are breaking the law. You stop somebody from being an observer, you just broke federal law. Do you hide and put up papers of nobody can see what you are doing? You just broke federal law. You bring in ballots that aren't real?

You just broke federal law.

I am sick and tired of corrupt left-wing Democrats who believe that we are too timid and too easy to intimidate, and therefore let's just go out and steal it. Now, that's exactly, no one should have any doubt, you are watching an effort to steal the presidency of the United States.

And this is not about Donald Trump. This is about the American people. The American people have the right in an honest election, with honest legitimate ballots to pick their leader or are we now just sheep to be dominated by the high-tech businesses, the news media, and the various political machines that we are supposed to surrender?

So, I think this is one of the great -- this is a crisis in the American system comparable to Washington on Christmas Eve or comparable to Lincoln and Gettysburg. This is a genuine deep crisis of our survival.

HANNITY: So, what is the answer now that the laws have been violated and observers have been kicked out? Doesn't it render the vote illegitimate?

GINGRICH: The first answer is for the attorney -- look, the attorney general this afternoon issued an order that federal agents can carry guns in the pursuit of people breaking the law. That's a signal.

The president should simply calmly announce that anyone who is caught attempting to steal votes or attempting to block people from making sure it's honest --

HANNITY: Mr. Speaker, we are running out of time, but -- it's already happened.

GINGRICH: Yeah.

HANNITY: The votes have already been counted and they didn't have observers, that they were kept away.

GINGRICH: You take them back.

HANNITY: Take what back?

GINGRICH: You say flatly, any precinct -- any precinct that we were not able to observe, strip those votes out. Do not count them, because they are by definition corrupt.

HANNITY: All right. Very powerful.

Mr. Speaker, thank you. We appreciate you being with us.

By the way, the great one Mark Levin will weigh in on what the role of state legislators should be, because ultimately, they decide the electors.

If they believe the process has been corrupted, if laws have been violated, they should weigh in.

Also, I'd like to know what the U.S. Supreme Court thinks about laws being violated and when they get testimony from eyewitnesses one after another after another, that say that they were denied illegal access to observe, what they will say about it.

Fascinating days ahead. Chilling times. More "Hannity" after this.

(COMMERCIAL BREAK)

HANNITY: All right. That's all the time we have left.

The law requires, I have the law, that even partisans can observe the vote counting. You can prove that they were not allowed to observe the vote, that means the law would be violated. How do you legitimize that?

Every American, regardless of party, should be concerned.

Let your heart not be troubled -- Laura Ingraham, my heart is a little troubled when the law says even partisans have a right to watch the vote count, and the partisans are not -- denied the opportunity as a matter of law to observe the vote count.

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