In the Litter Box - November 03, 2026


THE COUNT ｜ In the Litter Box w⧸ Jewels & Catturd - Ep. 1128 - 11⧸3⧸2026

THE BALLOT BOX ｜ In the Litter Box w⧸ Jewels & Catturd – Ep. 1127 – 11⧸2⧸2026 WHAT JUST HAPPENED ｜ In the Litter Box w⧸ Jewels & Catturd - Ep. 1129 - 11⧸4⧸2026

Episode Stats


Length

1 hour and 14 minutes

Words per minute

132.36

Word count

9,894

Sentence count

595

Harmful content

Misogyny

6

sentences flagged

Toxicity

3

sentences flagged

Hate speech

3

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
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00:01:58.120 Hello, hello. Happy Election Day. Today is Tuesday, November the 3rd, 2026. And this
00:02:11.840 is episode number 1128, if you can believe it. How are you guys holding up? You doing
00:02:17.580 okay? I hope so. I know it's pretty exciting right now, is it not? I'm like glued trying
00:02:24.320 to find out what is happening next it seems like every election day starts and ends this way and
00:02:30.820 then we have a couple of days if not weeks if you're in certain states of feeling like this
00:02:36.060 i guess they hope that this feeling will subside and you'll forget all about it well we're not
00:02:41.340 going to let them are we i want to say hey to everybody i want to see let's see who's here we
00:02:46.240 have we are the news 2025 is here will mac 5908 arkin john good to see you cask there you are
00:02:56.060 katie slain hello good to see you maga daddy yes katie slain did you vote that's the big question
00:03:03.720 have you voted yet i know you're going to vote you know that this is way too important to sit out
00:03:08.740 but if you have yet let us know and give us a thumbs up if you haven't just stay silent because
00:03:15.880 we know that we can depend on you to get out there and vote regardless hey meg how are you
00:03:21.040 susan douglas good to see you denise greco 35 51 awesome day in florida i know it is so much fun
00:03:29.740 in florida right now it's really exciting to see it because with all the doom and gloom that you
00:03:35.140 were hearing all week this is massive egg on the left's face especially the lamestream media
00:03:42.820 Hey Kimberly B88, good to see you as well.
00:03:46.220 All right, we've got a lot to talk about, tons to talk about, so let's go ahead and
00:03:51.200 jump right in because I don't want to leave you hanging even for a second longer.
00:03:57.480 Today's show is The Count, and before I get into one word of it, please remember to like
00:04:05.140 this, share this, follow, and hit the notification button so that you always know the minute
00:04:10.500 i go live it's free it takes you four seconds and it is the only reason a show like this
00:04:16.760 and this one ever reaches somebody who has never heard of it so you are in the litter box with
00:04:22.920 jules jones today as you all know cat is away and he is playing hard from what i understand this is
00:04:28.460 a good thing i heard turd stock was amazing glad to all had a great time i'm seeing the pictures
00:04:34.820 is just a lovely affair. Glad to see it. Glad to hear it. And I know that there's going to be
00:04:40.440 many more of them. So if you weren't able to go, there's going to be an opportunity for that as
00:04:44.660 well. So come on in, get yourself settled, get your water, find your spot. I know what kind of
00:04:51.860 day it is. I mean, you've probably, if you were anything like a lot of people that I saw and
00:04:56.340 talked to today, you're probably, you've stood in line already, or you're going to stand in one
00:05:02.520 later, and I want you to know that I'm glad that you came here first. Well, some of you voted at
00:05:08.520 seven this morning. Some of you are going after work, and you are already doing the math on the
00:05:13.840 traffic. Some of you have probably been voting in the same building for 30 years, and you know the
00:05:20.620 volunteer at the table by her first name. Whatever your line looked like, you did a thing today that
00:05:27.540 most people on this earth have never once been allowed to do. You put a piece of paper into a
00:05:34.600 box. So settle in. I'm going to hold one hour with you and I'm going to be honest with you for every
00:05:41.880 minute of it. No predictions in here. I'm not going to tell you how today ends because I do
00:05:48.080 not know and neither does anybody who says that they do. What I am going to tell you is about
00:05:54.580 the paper. So pull up a chair. Now, before I open the paper, I am going to do one thing,
00:06:03.020 and it is the thing that pays for this hour. So I have to do it properly. And that is the
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00:06:23.440 Nicholas Hulsher, warns that subclinical myocarditis, silent heart inflammation may
00:06:29.560 affect millions of vaccinated people. In some cases, fatal cardiac arrests can be the first
00:06:35.760 sign. Warning signs include chest discomfort, palpitations, exercise intolerance, lightheadedness
00:06:43.100 when standing up, and irregular heart rate or blood pressure. The cause? Spike protein buildup
00:06:50.180 inside our bodies. Together with the Wellness Company, a follow-up study was published showing
00:06:55.420 the power of natokinase, the only enzyme shown to help clear the body of lingering spike protein,
00:07:02.920 the cause of many post-pandemic health problems. Chief author Dr. Peter McCullough says this study
00:07:10.720 is by far the most comprehensive paper on natokinase in the medical literature.
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00:08:01.820 So now the paper.
00:08:04.620 I know you're all just chomping at the bit on this one.
00:08:08.860 So there is one woman in the state of Michigan who still has her August poll book.
00:08:16.340 One, everybody else's is gone.
00:08:19.560 Her name is Michelle McQueer, and she is the clerk of Bridgewater Township, which is a
00:08:25.960 place of about 2,000 people in Washtenaw County.
00:08:30.960 She is not a candidate.
00:08:33.100 She is not a pundit.
00:08:35.100 She has no book coming out. 0.99
00:08:37.180 she is the person who sets up the tables, checks the cords, swears in the workers, and locks the 0.98
00:08:43.540 door at the end of the night. That's who she is. And she is the only clerk in Michigan known to 0.97
00:08:49.700 still be holding her own electronic poll book file from the August primary. Not because she's
00:08:56.100 special, because she went to court to keep it. Let me tell you what an electronic poll book is,
00:09:03.380 because the name makes it sound like nothing and it is not nothing. When you walk in, they look you
00:09:11.360 up. That is the poll book. That is, you know, it is the laptop at the table. And the file that
00:09:18.740 laptop writes is not just a list of who voted. It is a log. It has timestamps. It records every
00:09:27.440 transaction, every ballot issued, every correction, every time an operator touched that machine
00:09:34.360 and what they did when they touched it. It is literally a tape of the room.
00:09:42.020 It is the only record that can tell you what actually happened at that table, in what order,
00:09:49.040 at what minute. The printed reports do not have that. The state's big voter file does not have
00:09:55.980 that. One file has it and it sits on that laptop. Now in Michigan, there was a rule. Rule R168.48.
00:10:08.380 It came out of the office of the Secretary of State, Jocelyn Benson. And the rule told every
00:10:16.540 local clerk in that state to do one thing with that file. Delete it. Delete the electronic
00:10:26.400 poll book software and all associated files within seven days after the election is certified.
00:10:35.200 Seven days. Now here is where I need you to sit still with me for a second because
00:10:42.140 this is the part that matters and it is the part that nobody reads out loud. There is a federal
00:10:50.300 law. It is title 52 of the United States Code section 2701 and it says that an election officer
00:11:00.320 shall retain and preserve all records relating to voting in a federal election for 22 months.
00:11:09.780 22 months on one side seven days on the other and the federal law does not stop at a deadline
00:11:19.680 it also says that the willful destruction of those records is a federal crime and it attaches
00:11:26.920 to a penalty and the penalty is actually attached to it so put yourself at that table you are the
00:11:35.540 clerk you're the one with the keys you have a state rule telling you to erase it in a week
00:11:41.900 and a federal statute telling you to hold it for nearly 20 for nearly two years and the federal
00:11:49.340 one is the one with a prison term printed next to it which law do you obey that is the question
00:11:58.520 that Michelle McQueer asked. She asked her state. She asked the office that wrote the rule.
00:12:06.620 She asked which law was supposed to follow. Which one? I have no idea because she was the one who 0.73
00:12:13.620 was going to be holding the bag either way. She waited. She asked again and she got silence.
00:12:21.040 so she sued a township clerk in a township of 2 000 people sued the secretary of state of michigan
00:12:30.900 over a filing rule that is not a thing people do that is a thing you do when you have read
00:12:37.700 the statute yourself and you understand that the state has put you in a position
00:12:43.140 where one of your two choices is a crime and here is what a court did with it the state
00:12:51.320 moved to throw the case out the court said no republican national committee i mean that the
00:12:59.080 court said no basically they said no then you had the national republican committee they came out
00:13:07.200 and the Michigan Republican Party, they came in too alongside of her as plaintiffs. So all of a
00:13:14.720 sudden this thing gets big, right? She went and she got a temporary restraining order over her 0.87
00:13:20.500 own August 4th file specifically so that one copy of one poll book in one township in Michigan
00:13:29.120 would survive while the lawyers argued. And it did survive. Hers. Only hers.
00:13:39.740 So yesterday, one day before an election, a judge of the Michigan Court of Claims
00:13:45.440 struck that rule down permanently, statewide. The seven-day deletion rule is invalid in the
00:13:53.340 states of Michigan as of right now, it's invalid. Now, I want you to feel the timing of that.
00:14:03.440 The rule was struck down yesterday. The August files it was aimed at are already gone. Every
00:14:11.820 clerk who followed the rule did exactly what they were told. On time, in good faith, and the record
00:14:19.900 of their August primary went into the trash on schedule. You cannot unring that. There is no
00:14:27.940 order a judge can write today that brings those files back. The ruling protects the next one.
00:14:35.480 It cannot protect the last one. And the one file that is left out of all of them is the one a clerk
00:14:43.820 had to hire a lawyer to keep. Now, I have been doing this long enough to know what I'm supposed
00:14:52.960 to say here. And what I'm supposed to say that is that maybe it was clerical, that maybe it was a
00:15:00.400 storage policy, that maybe somebody in a records department thought seven days was tidy. Fine.
00:15:08.020 Let us say that's true.
00:15:10.160 Then explain the silence. 1.00
00:15:12.240 Because a clerk who wrote to the state and asked which two laws she was supposed to break
00:15:18.440 and an office full of lawyers did not answer her.
00:15:22.900 Twice.
00:15:24.840 A clerical mistake writes back.
00:15:27.820 A clerical mistake says, oh my goodness, you are right.
00:15:31.880 Hold the files.
00:15:32.740 A clerical mistake does not make a woman in a township of 2,000 people go find a courtroom.
00:15:42.140 And this is the thing I keep coming back to today on a day when all of us are standing in lines and putting paper in boxes.
00:15:51.280 Everybody is arguing about machines.
00:15:55.140 Everybody wants to talk about a scanner.
00:15:59.380 Nobody is asking the quieter question.
00:16:02.740 Who is allowed to keep the record of what the machine did?
00:16:09.680 Because that is not a machine question.
00:16:12.800 That is a custody question.
00:16:15.300 And a custody question has a name attached to it every single time.
00:16:21.040 Somebody wrote that rule.
00:16:23.500 Somebody signed it.
00:16:25.640 Somebody decided seven days.
00:16:28.680 so let's go read the paper ah it's been quite a day i can tell you that i mean there has not been
00:16:39.320 a dull moment around here in weeks and there's not going to be for weeks after especially if
00:16:44.100 you live in the state of california wow so the justice department they did something in october
00:16:53.420 that I read twice because I went what they filed in a state court not on appeal not in a federal
00:17:02.120 courtroom they walked into a state trial court in Michigan in the middle of the case brought by a
00:17:10.440 township clerk and they filed what is called a statement of interest that is rare just so you
00:17:16.940 know. Federal lawyers do not usually show up at that level. I mean, appeals, yes. The Supreme
00:17:23.620 Court, all the time. A state trial judge hearing a records dispute, that is a sentence I do not
00:17:31.860 type very often. And what they told that judge was two things, and I want to give you both of
00:17:38.480 them straight because they are short and they are load-bearing. One, the electronic poll book data
00:17:46.280 are federal election records. Two, including the metadata. So say it with me because this is the
00:17:57.180 word the whole fight is about. The metadata is not the list. I mean, the list is who voted.
00:18:08.140 The metadata is when. It is the timestamps, it is the sequence, the operator actions,
00:18:14.740 the record of which hands touch the machine, and at what minute, and at what they did with it.
00:18:22.780 I mean, it's got the whole thing, right? The list tells you the outcome. The metadata tells you the
00:18:29.880 story. And the Justice Department of the United States told a state judge that both of those
00:18:36.360 things are federal records, and the Secretary of State is the one responsible for keeping them.
00:18:42.700 now the day before that filing landed the secretary of state's own office put something
00:18:50.940 in writing under oath and this is the part i want you to hear slowly because it is a confession and
00:18:58.460 i do not think the person writing it knew that the secretary's own data manager swore in an
00:19:07.540 affidavit that the list of voters each precinct actually used on election day is never copied
00:19:16.960 into the state's database. Never. And the reason given in a sworn filing was one word, duplicative.
00:19:28.320 it would be duplicative
00:19:31.660 now let me tell you what that word is doing in that sentence because on its face it sounds like
00:19:40.580 a good housekeeping reason right why keep two of the same thing why clutter the server
00:19:47.460 here is the problem they are not the same thing the list the poll workers were looking at at your
00:19:55.760 table in your precinct on the day is a photograph of a moment. It is who was on that list at seven
00:20:04.040 in the morning when the doors opened. The state's database is a living file. It gets updated.
00:20:12.820 After the election, it gets updated again. It is current, which is exactly what makes it useless
00:20:20.380 as a record of a past day. So when you throw away the photograph because you still have the living
00:20:27.880 file, you have not removed a duplicate. You have only removed the only copy of the one
00:20:35.260 you can never make again. And the filing goes further. And this is the sentence that made me
00:20:43.040 put my pen down. The original list that the poll workers saw can be reconstructed later
00:20:53.940 from a change log. Reconstructed. So the position as written under oath in a court file is this.
00:21:06.340 we do not keep the record we keep a current file and a list of the changes we made to it
00:21:13.540 and if anybody ever needs to know what the precinct was actually working from
00:21:17.980 on election day we will build it back for you out of the change log
00:21:22.600 that is not a filing cabinet that is a math problem and the clerk's lawyers answered it
00:21:33.340 in one line, and I think it's the best line anybody has written about an election all year.
00:21:40.740 A record that has to be rebuilt after the fact has not been retained.
00:21:49.340 Let's say that again. A record that has to be rebuilt after the fact has not been retained.
00:21:56.920 And then they added the part that lands it. A receipt that something was uploaded is not
00:22:05.380 preservation. Reconstruction is not retention. That is the whole argument. That is the whole
00:22:13.940 hour, honestly. And we are only in the second movement because everything else I'm going to
00:22:19.440 tell you today is a different costume on that one idea. Let me put it in your kitchen for a second
00:22:27.180 all right just so we can just really scale this out. Let's say the bank tells you that they do not
00:22:33.980 keep your statements. They keep your current balance and a log of every change they made to it
00:22:40.120 and if you ever want to know what your account looked like on a Tuesday in August they will
00:22:46.740 rebuilds it for you. And you say, hold on, I would like the actual statement, please. Thank you very
00:22:54.040 much. And they say that would be duplicative. Would you bank there? No, most likely you would
00:23:02.500 not. Nobody would. And the reason nobody would is not that they think the bank is stealing.
00:23:08.620 It is that a record somebody has to rebuild for you is a record that depends on them.
00:23:15.260 every single time forever a record you hold does not depend on anybody that is why a seven-day
00:23:27.820 deletion rule and a 22-month federal retention law cannot both be in effect in the same state
00:23:36.100 and it is why a township clerk had to be the one to say so in a courtroom 22 months is not
00:23:44.700 an arbitrary number. By the way, it is not even close. Congress actually picked it on purpose.
00:23:53.520 22 months is long enough that a contest, an audit, a federal investigation, and a grand jury can all
00:24:02.400 still get to the paper. Seven days is long enough for nothing. Seven days is long enough to certify
00:24:12.240 and shred and go home. Now I'm going to say the careful part one more time and then I'm going to
00:24:19.740 tell you what I think. No court has found that anybody destroyed anything on purpose. A judge
00:24:27.320 struck down a rule. That is what is on the record and I'm not going to say one word more than the
00:24:33.900 record says because I do not hand people lawsuits. That is the careful part. Well here is what I
00:24:40.660 think. I am allowed to notice the shape of it and the shape is the rule ran in exactly the direction
00:24:48.540 that leaves the fewest people holding the paper. The shape is that it ran in that direction for
00:24:55.640 years and nobody fixed it. And the shape is that when one clerk in one township wrote to the state
00:25:04.520 and asked which law she was supposed to obey, the answer she got was nothing. Not a no. Nothing.
00:25:15.080 Twice. Things that go wrong by accident go in both directions. This one only ever went one way.
00:25:26.400 so that is the paper and while we have been sitting here reading it the machines in this
00:25:34.060 country have been running since seven o'clock this morning let me tell you what they have been doing
00:25:40.680 crazy stuff I'll tell you that right now it has been a day of wow so four things right now while
00:25:50.200 we're sitting here, Westchester County, New York, every ballot scanner in the country went down
00:25:58.560 this morning and the country's own board of elections said what broke and it was not the
00:26:03.780 machines. It was the ballots. That's right. The ballots this time. The board said the ballots are
00:26:12.460 the problem. They have not said why the ballots are wrong. Not yet. Ballots are going to, you
00:26:19.340 know, they're going into bags to be counted later. Some people say that it's the thickness of the
00:26:23.640 papers. Some people say it just wouldn't, just couldn't run them through. And the Attorney
00:26:28.720 General of New York says that her office is monitoring it and is in touch with the state
00:26:35.020 and local boards. So hold that. A board of elections does not find its ballots on the
00:26:42.980 doorstep. It orders them. It approves them. It signs for them. Fulton County, Georgia. This one
00:26:53.720 now is a document, and I love a document. You all know that. I love my documents. You can see it
00:27:00.220 whenever I post on social media. I really get into documents because they're there in writing for all
00:27:06.660 of us to read. Well, the elections director there, they wrote a memo today to the Georgia
00:27:12.520 Secretary of State about two scanners that failed early this morning, early voting. 361 ballots at
00:27:20.980 one site where the machine lost power after it had already scanned them and then would not come
00:27:26.880 back on. And the state's own voting system staff told her not to upload that memory card because
00:27:33.600 the data could be corrupted. 708 more at a recreation center on a paper jam error
00:27:42.960 for a jam the staff could not find. 361 and 708, wait a minute, that is 1,069 ballots that nobody
00:27:57.160 has read. And tonight at 630, she has to go and ask her own county board for permission to rescan
00:28:06.440 them after the polls close. Now stay in that county because the county put out something else
00:28:15.840 this morning while I was still building this hour trying to keep up with all of the news.
00:28:20.440 voters in Fulton County started getting text messages telling them that their polling place
00:28:29.300 had changed. Some Fulton County voters have reported receiving text messages regarding
00:28:38.140 polling place changes. These text messages were not sent by Fulton County.
00:28:45.820 not sent by the county that is the county in its own notice on election day about its own voters
00:28:55.560 so somebody is texting people in fulton county georgia and telling them to go somewhere else
00:29:02.580 to vote think about that for a second and nobody has yet has said yet who that somebody is so i'm
00:29:12.560 not going to tell you because I do not know and neither does anybody else right now. But here's
00:29:17.960 what I do know. A scanner losing power is a glitch. A paper jam is a glitch. A text message
00:29:27.120 is not a glitch. Somebody wrote it. Somebody sent it. And they sent it on the one morning it would
00:29:38.000 work. So if you are in Fulton County and one of those landed on your phone do not go by the text
00:29:45.880 check the Georgia my voter page or pick up the phone and call the county and ask them yourself
00:29:52.820 that is the county's own instruction it is not mine. Broward County Florida poll workers could
00:30:02.600 not log into the registration system when the doors opened at 7. It was reported fixed in 10
00:30:09.980 to 15 minutes, and I'm going to be honest with you, that one is small. The part that is not small
00:30:17.740 is what the man who runs elections in Broward County had already been telling people for weeks.
00:30:25.420 Vote in person.
00:30:27.040 Do not use the mail.
00:30:29.500 He runs the county, and he was telling his own voters not to trust the mail with their ballot.
00:30:35.200 And in Florida, a mail ballot that arrives after 7 tonight does not count.
00:30:43.280 Oh, let us not forget.
00:30:45.560 One precinct flooded.
00:30:48.260 Paradise Village.
00:30:49.600 They moved those voters to a park.
00:30:51.140 and union city new jersey an early voting trailer you had two voting machines and the electronic
00:31:01.720 poll books inside it standing unlocked and unattended an hour before that site was due to
00:31:09.440 open that is not a rumor the hudson county board of elections clerk confirmed it his explanation
00:31:18.640 is that an electrician who services the generators left the door unlocked.
00:31:26.000 Four counties, four states, and listen to what every single one of them is actually about.
00:31:33.900 Who was holding the paper?
00:31:37.500 And 45 minutes ago, the Justice Department answered that question in writing.
00:31:44.300 A federal grand jury in Wichita, Kansas, they handed up an indictment today.
00:31:54.040 A postal worker accused of stealing 4,404 pieces of mail out of people's mailboxes in and around Pittsburgh, Kansas.
00:32:06.460 You could tell me that is a mail theft story.
00:32:09.420 You would be right, and I would not be reading it to you on election day.
00:32:15.960 Here is why I am.
00:32:18.860 Nearly 400 of those pieces were political mailers.
00:32:23.600 Every single one of them was for a Republican candidate or a Republican political action committee.
00:32:31.260 And I want you to hear this next part exactly the way the Justice Department wrote it down.
00:32:36.040 the agents found no mailers related to candidates of any other political party at that house
00:32:43.940 none they went through 4 000 pieces of mail stacked up in somebody's garage and the political
00:32:53.300 half of it was a hundred percent one party she is charged she is not convicted and i will say
00:33:01.960 that plainly because a jury decides that and I do not. But the indictment is federal and it came down
00:33:09.300 today. And then I found the other one. Yesterday, Sacramento, California, a letter carrier charged
00:33:18.860 in a federal complaint with holding back the political mail on his own route. 493 pieces
00:33:28.260 dumped in a bin marked undeliverable. Then another five hundred twenty-seven in the bins
00:33:36.480 and inside his mail truck. One thousand twenty pieces. And somebody had gone through them and
00:33:45.460 struck the addresses out, marked them vacant. The postal service checked everyone. The addresses
00:33:54.500 were good, the people were home. That was the mail about the candidates and the ballot questions
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00:34:35.480 He is charged too.
00:34:37.320 Not convicted, same rule, and I hold to it for him the same as for her.
00:34:42.320 But two states, two mail carriers, two federal cases, one filed yesterday, one handed up this afternoon.
00:34:51.480 Nobody hacked anything.
00:34:53.260 nobody touched a machine somebody just did not carry the mail four counties this morning
00:35:02.940 and two mail routes not the machines not the math who got to touch it
00:35:12.860 i want to read you a list there is a list it is a list of every human being that the state
00:35:25.680 of minnesota says who is allowed to stand inside a polling place and while voting is actually going
00:35:33.500 on so you know i mean this is a list they have put together it is in the statute 204c.06
00:35:42.440 You can pull it up in the state's own website in about nine seconds, which is what I did
00:35:47.600 because somebody told me what the law said, and I have this terrible habit, as you all
00:35:52.860 know, of going to look, probably because my dad's a lawyer.
00:35:57.180 I don't know.
00:35:57.740 Imagine that.
00:36:00.040 The election judges, the sergeants at arms, challengers, the official kind, appointed
00:36:07.920 the way the statute says to appoint them, representatives from the Secretary of State's
00:36:14.440 office, from the county's, from the county auditor's office, and from the city clerk's
00:36:20.860 office, the voters obviously, while they are voting, a person who is there to help somebody
00:36:28.140 vote or has a disability or who cannot read English well enough to do it alone, teachers
00:36:35.080 and school children, if they are there on a school project, that one is really actually in there.
00:36:43.360 Subdivision two, paragraph B, and I'm not clever enough to make that one up. School children and
00:36:50.280 teachers are actually allowed in there. They're really in that statute. So, and then there is an
00:36:57.500 entire separate subdivision further down, subdivision eight, and it has a heading on it.
00:37:04.220 and the heading says access for news media. The news media. A reporter may walk into that room
00:37:13.940 during voting hours. They can watch the voting happen. The statute says in those words that they
00:37:21.700 can stand there. Not a problem at all. Now that is the room. The judges, the challengers, the
00:37:29.480 county's people, the voters, the person helping the voter, a seventh grader on a field trip,
00:37:34.680 and the press. Now, so you get the idea. Now, do you notice who is not on the list?
00:37:43.360 A monitor from the United States Department of Justice.
00:37:49.540 Well, this morning in Hennepin County, Minnesota, the Justice Department sent monitors to watch the
00:37:56.760 election. And Hennepin County told them they could stand outside. Outside. In the public area.
00:38:06.340 Where any of us could stand. You can watch the building, gentlemen. You may not watch the voting.
00:38:14.120 And the county's explanation was four words long. And I want you to hear exactly how careful those
00:38:20.160 four words are. They said they were complying with Minnesota law. So I went and I read Minnesota
00:38:30.980 law and here is what I found. And this is the part that nobody is telling you today.
00:38:37.820 That statute does not ban a federal monitor. It does not. You can go look. Minnesota sat down
00:38:45.960 and wrote out by name every kind of person it trusts to stand in that room while the votes are
00:38:53.100 going into the box. It named the parties, the challengers. It named the county auditor staff.
00:38:59.420 It named a reporter with a press card. It named a kid on a field trip. And it never mentioned the
00:39:07.740 United States Department of Justice. Not once. Not to let them in and not to keep them out.
00:39:15.960 the sentence, quote, the Department of Justice may not come in, quote, appears nowhere in the
00:39:27.640 law of the state of Minnesota because nobody ever wrote it, which means nobody made them do this.
00:39:36.420 There was no order. There was no statute with their name on it. There was no judge.
00:39:42.740 Somebody in Hennepin County, Minnesota, looked at a list, did not find the federal government on it,
00:39:49.580 and decided that silence meant no.
00:39:54.280 That was a choice.
00:39:56.720 They had the room to say yes, and they used that room to shut the door.
00:40:01.560 And then they told you the law made them do it.
00:40:05.100 Well, the law did not make them do it.
00:40:09.000 I read the law.
00:40:09.940 The law never mentioned them at all.
00:40:11.860 And they called that silence a rule.
00:40:16.320 And then Minnesota did something that I have been chewing on all morning,
00:40:19.980 and I think it is the single strangest sentence of this entire election day.
00:40:25.340 The Secretary of State of Minnesota said his office and the state attorney general
00:40:31.240 would have their own observers out there.
00:40:35.020 Watching the federal observers.
00:40:37.620 let's look at that one a little bit more closely okay the federal monitors are not allowed to watch
00:40:47.360 the voting and the state is sending people to watch the monitors so the watching is fine
00:40:54.420 everybody agrees the watching is fine they are doing the watching right now in the parking lot
00:41:01.740 to each other. The only thing nobody is allowed to look at is the count.
00:41:11.000 And Ramsey County took the same position. Same position, stand outside. Two counties,
00:41:19.280 same morning, same forwards. And while those two counties were telling the federal government to
00:41:25.260 wait outside, somebody sat down at a check-in table in Minnesota wearing a t-shirt. Now this
00:41:34.020 is the most brutal of it all, and I'm sure you know where I'm headed with this one. You will
00:41:39.280 recall and know the name Charlie Kirk. This is the most disgusting thing I think I saw today 0.61
00:41:49.140 and probably have seen ever, really. It goes right on up there with some of the worst things.
00:41:55.260 A white t-shirt, big dripping letters, problem solved, and heavy red splatter across the
00:42:05.540 shoulder.
00:42:06.880 Now, I believe that that was Charlie Kirk that they were trying to talk about, right?
00:42:14.880 I'm not going to tell you what that splatter is meant to be because I cannot be 100% sure
00:42:21.420 and I have to say that, and neither does one single person sharing it. But here is what I do
00:42:28.480 know. That is a poll worker. That is the table where you check in to vote. And about half a
00:42:36.560 million people have now looked at that photograph. And almost 90% that I've seen today, with very
00:42:46.540 little people, little pushback, have said exactly the same thing. That was supposed to represent
00:42:53.880 Charlie Kirk. It's the most disgusting thing. Again, I'm sorry, I even have to report on it. 0.96
00:42:59.080 I cannot believe somebody would actually do something like that, but never underestimate.
00:43:05.760 Minnesota has a statute about who is allowed to be in that room. It is specific. It names every
00:43:13.320 person who may stand there and what one of them may do, right? And not one official in that state
00:43:22.400 has said a word today about what a poll worker is allowed to wear in it.
00:43:30.300 Now stack it up and you can look at the shape of it because the shape is the story. Inside the room,
00:43:38.160 the judges, the challengers, the voters, the helpers, the school kids, the press,
00:43:43.420 the translator. Outside the room, the federal government. Outside the room,
00:43:51.060 watching the federal government, the state government. And somewhere in the middle of
00:43:57.260 all of that, one person holding a piece of paper, trying to put it in a box.
00:44:03.740 and this is not two counties in one state that is the thing I need you to understand before we go
00:44:12.500 any further over the weekend the Justice Department's monitor count went from 289 to 714
00:44:21.500 to more than 1,000 in all 50 states. In all three days, 289, 714, 1,000. I have watched
00:44:36.440 federal monitoring numbers for years and I have never seen that curve. That is not a staffing
00:44:43.100 plan. That is somebody looking at something on a Friday and then making the number bigger twice.
00:44:49.500 and I want to tell you what one of those monitors actually does because the way it is being
00:44:57.180 described today you would think that they show up with a battering ram they stand there I mean
00:45:04.720 that is the job they stand in a building they write down what they see and if somebody gets
00:45:10.840 turned away they write down why they do not touch a ballot they do not touch a machine
00:45:17.160 They do not talk to a voter unless the voter talks to them first.
00:45:22.140 They cannot stop anything, change anything, or count anything.
00:45:27.300 A federal monitor is a person with a notebook.
00:45:31.760 And a thousand people with notebooks got told to wait in the parking lot.
00:45:39.400 So think about what you have to believe for that to be the right call.
00:45:44.860 I mean, you have to believe that a man standing quietly against a wall, writing down what he sees, is a threat to an election.
00:45:56.740 A threat to what exactly?
00:46:02.100 Finish this sentence.
00:46:04.240 I will wait.
00:46:06.000 Because there is exactly one thing in that building that a person with a notebook can hurt.
00:46:14.860 And every one of those thousand people walked up to a door this morning somewhere in this country and somebody local decided whether they were coming in.
00:46:26.720 A thousand doors, 50 states, no written rule, no rule written down anywhere ahead of time.
00:46:35.720 so a thousand strangers made a thousand judgment calls this morning and I will tell you right now
00:46:43.860 what the pattern is going to look like when somebody finally adds it up and so will you
00:46:48.940 because you already know but here's the turn and this is the thing that I actually want you to
00:46:55.440 leave with go back to that list the Minnesota list because when I read it the third time
00:47:02.180 something jumped out at me and it had nothing to do with the Justice Department at all.
00:47:08.180 The legislature of Minnesota sat down to decide who was trustworthy enough to stand inside a
00:47:16.020 polling place during an election. And on that list, they put a translator. A person who stands
00:47:22.820 next to a voter listens to that voter and tells that voter what the ballot says. Not the federal
00:47:30.960 government, the translator. And I want to be careful here because a citizen who cannot read 1.00
00:47:38.080 the ballot is still a citizen, and that vote is still theirs, and I will defend that vote all day
00:47:43.880 long. But sit with the priority that list describes. Somebody decided that the person whispering in a
00:47:52.320 voter's ear is inside the circle of trust. And the person sent to make sure nobody is whispering
00:48:01.240 the wrong thing is standing in the parking lot. Hold on to the whisper because in about four
00:48:10.520 minutes, I'm going to show you what happens when the whisper is the whole ballot. I know it's
00:48:17.600 pretty wild I mean this whole thing has been crazy it really has the whole day and it's like
00:48:24.380 we haven't even gotten into the evening part of the whole thing yet and here we are talking about
00:48:29.940 all of this it's insane it truly is well you've got the prediction markets and you've got all of
00:48:36.340 the things that are going on with all of that and it's crazy because you're like all right you know
00:48:41.060 What are they saying? Should we bet on this or go and check out these poll numbers or whatever?
00:48:48.460 Well, we have a great relationship with Polymarket, and the code is Litterbox, in case you are wondering.
00:48:57.340 So this is one more thing that pays for this hour, and then I will tell you what today was really about.
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00:49:44.800 description and it is on your screen and now what is it all about well the prediction markets
00:49:51.740 as you all know the whole thing has just been crazy lately when you start looking at what they
00:49:58.080 were predicting some of it is just nuts but it's whoever is putting their money in there
00:50:02.000 a lot of people are saying hey you know what who's behind all of that they have fun stuff too
00:50:07.240 like you can bet on all kinds of different things it's not just politics it's sports and everything
00:50:11.940 else for instance i'm just going to pull this onto the screen so you can see it this is one of the
00:50:18.140 ones that they're weighing in on just in u.s and venezuela begin talks on military pact that could
00:50:25.280 include u.s troops to be stationed in the country long term this is from the new york times well
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00:50:55.680 So back to what we're up to in here.
00:50:59.780 Lots and lots of stuff.
00:51:01.020 Well, the whisper is where we were.
00:51:06.300 That is where I left you.
00:51:07.920 And it is in federal law, just so you're aware.
00:51:13.640 It is called Section 203, and it is part of the Voting Rights Act.
00:51:18.420 It has been there since 1975, and the Justice Department's own page will tell you exactly what it does.
00:51:26.060 If a jurisdiction gives you a ballot, an instruction, a notice, a form, anything at all about the election, then, quote,
00:51:35.400 it shall provide them in the language of the applicable minority group as well as in the English language.
00:51:44.320 And then, in the Justice Department's own words, this is what they say.
00:51:50.820 Assistance also must be provided orally.
00:51:56.060 Orally, out loud, spoken by a person to a voter in a polling place.
00:52:03.900 And the department goes further.
00:52:06.440 Bilingual poll workers, it says, will be essential in at least some of the precincts on election day.
00:52:14.740 Now, I want to be very clear about where I stand because this is the part where people start assuming things about me.
00:52:22.360 section 203 that is about citizens that is the word the law uses language minority citizens
00:52:34.720 we are not talking about somebody who should not be in the building we are talking about an
00:52:40.420 american who votes pays serves buries people in this country and reads a little slower than i do
00:52:49.240 That vote is theirs. 0.89
00:52:51.500 I will defend that vote all day long and twice on Saturday. 0.82
00:52:56.240 But look at the machine we have built.
00:53:00.560 A ballot is a legal document, and we have decided as a country that for some Americans,
00:53:06.940 that legal document arrives as a sound, a voice, a person leaning in.
00:53:15.200 And a sound does not leave a record.
00:53:19.960 You cannot audit a whisper.
00:53:22.840 There is no paper trail on a sentence.
00:53:25.900 Nobody keeps the file.
00:53:31.280 And I'm not telling you anybody did anything wrong with it.
00:53:35.480 I am telling you that in the entire architecture of the American elections,
00:53:40.240 the one place where nothing is written down is the place where somebody tells a voter what the
00:53:47.320 ballot says. Hold that thought. Because sometimes you do not need to whisper at all. Sometimes
00:53:58.920 the confusion is printed on the ballot. Now go to Alaska with me. The sitting United States
00:54:09.720 senator from Alaska is named Dan Sullivan. He has held that seat since 2014. His name is on the
00:54:18.720 ballot today and so is somebody else's. A retired school teacher from Petersburg, Alaska, a former
00:54:27.540 Forest Service employee who filed to run for that same senate seat three days before the filing
00:54:33.540 deadline closed. His name is Dan Sullivan. Same first name, same last name, same seat, same party.
00:54:44.060 Now, I'm going to read you something and I need you to remember who wrote it because it was not
00:54:52.540 a campaign and it was not a cable channel and it was not me. It was the state of Alaska.
00:54:59.100 the division of elections the office that runs the election
00:55:03.660 they ordered his name off the ballot and here is why in their own words his filing quote was not
00:55:13.280 filed in order to declare an actual good faith candidacy for the office of the united states
00:55:20.100 senator but was instead filed with a purpose to confuse or mislead and to thereby compromise the
00:55:27.620 ballot's fairness or neutrality. That is not a conspiracy theory. That is the finding of the
00:55:35.260 state agency that prints the ballot to confuse or mislead their words on record in an order.
00:55:45.640 So they took him off and then a judge put him back on and not because the state was wrong about
00:55:51.760 why he filed because there is no rule in Alaska that says a candidate has to be sincere.
00:55:57.620 the Alaska Supreme Court agreed in July and put his name got printed and his name got printed.
00:56:04.800 They just said, OK, do it. And his name got on there. He finished third in the primary,
00:56:11.320 two and a half percent. And in August, hours before the deadline to withdraw, he said he was
00:56:17.820 staying in. So his name is on that ballot today, right now, next to the senators. And the senator
00:56:25.940 has called it an effort to confuse Alaskans and has called the other man a sham candidate.
00:56:33.320 And the other man denies all of it. And I'm not going to tell you I can prove who put him up to
00:56:39.120 it because I cannot. Not yet anyway. Here is what I can prove. The state looked at that filing and
00:56:48.600 wrote down confuse or mislead. And then every institution that we have was powerless to do
00:56:58.640 one single thing about it. That is the sidebar. Now, I am not going to live in Alaska all afternoon
00:57:07.260 because something happened in a courtroom in Washington this weekend. That is the same story
00:57:12.220 with 100,000 times the stakes
00:57:14.420 and almost nobody has told it to you.
00:57:17.380 So let's go on over to Washington.
00:57:20.960 There is a federal judge in the District of Columbia
00:57:25.680 and you know his name
00:57:27.040 because I say his name all the time in here.
00:57:29.420 I should probably have a trivia question for you.
00:57:32.120 I don't know.
00:57:32.960 Chat, can you tell me who I am talking about?
00:57:35.760 It's a judge.
00:57:36.800 I speak of him often.
00:57:38.260 I'm just kind of curious where you may land on this one.
00:57:43.760 Well, if you haven't figured it out, I'm going to go ahead and spill it.
00:57:48.040 His name is James Boesberg.
00:57:52.160 Yes, James Boesberg.
00:57:55.480 He is the chief judge there.
00:57:58.600 And you know the name even if you do not know how you know it because he is the one who went after this administration over the deportation flights.
00:58:07.560 and he is the one who has been reaching for contempt against the government for the better
00:58:13.440 part of two years. Now hold that thought, hold it right there in your head, because in about 90
00:58:21.140 seconds, it is going to matter. Last Friday, Judge Boesberg ordered the Justice Department
00:58:29.380 to hand something over. A list. 20,930 names. 20,930 actual human beings in California who
00:58:45.120 federal investigators had flagged as likely non-citizens who received a mail ballot.
00:58:51.440 now whatever you think about that list and I have thoughts understand what it is it is a file full
00:59:02.400 of real people's names and some of those people are going to turn out to be citizens and some of
00:59:08.720 them are not and either way not one of them asked to be on it so the judge did the careful thing he
00:59:16.900 handed it over with a fence around it. The group suing could look at the list for exactly one
00:59:23.640 purpose and that was to find out whether any of their own members were on it which is the only
00:59:29.840 thing they needed it for. They could not publish the names. They could not use it for a broader
00:59:36.080 political or media campaign against the government. That that was the deal. That was the judge's own
00:59:43.480 fence. The fence held for about 24 hours. By Saturday, the group's two experts had filed a
00:59:53.520 declaration that went nowhere near the question of whether their members were on the list. It went
00:59:59.500 after the list. 42% of the names they said were not on California's current voter rolls. At least
01:00:08.280 22 people on it were probably naturalized citizens and then they extrapolated the state
01:00:16.160 was extrapolated statewide to numbers in the hundreds of thousands and by Sunday those numbers
01:00:26.760 were in the Associated Press and in the democracy docket and everywhere else as headlines about how 0.97
01:00:34.340 the government's list was garbage. 24 hours from a sealed court file with a judge's fence around it
01:00:45.080 to a national headline. So on Sunday, the Justice Department went back in and filed and I want to
01:00:54.380 read you what the government said because the government almost never talks like this in
01:00:59.700 writing, the experts work, they wrote, had nothing to do with the group's legal standing.
01:01:09.160 They called it political grandstanding about alleged inaccuracies that purportedly impact
01:01:15.700 California voters generally. And then this sentence, plaintiffs' choice to use the list
01:01:23.620 for purposes other than to establish their standing appears to be calculated to stir up
01:01:30.380 media criticism unfairly, prejudicing the government, and countermanding this court's
01:01:40.120 express limitations. Think about that. Countermanding the court's express limitations.
01:01:49.860 that is a lawyer in a filing telling a federal judge to his face that somebody just walked
01:01:58.300 straight through his fence and the government asked him four things strike it make them show
01:02:07.820 cause sanction them up to and including throwing the whole case out and refer it for investigation
01:02:14.500 as possible criminal contempt of court under Title 18, Section 401.
01:02:20.900 Criminal contempt, that is the government's ask.
01:02:25.220 Not a finding, and I am saying that out loud
01:02:28.600 because I do not hand people lawsuits.
01:02:31.820 Nobody has been charged with anything.
01:02:34.900 Nobody has been held in contempt of anything.
01:02:37.860 The group's lawyers say they're experts,
01:02:40.280 fully complied with the court's orders.
01:02:44.500 Now, pick that thought back up, the one I told you to hold.
01:02:50.280 This is the judge who spent two years reaching for contempt against the United States government, who held hearings about it, who was willing to go to the mat over it.
01:03:04.780 And now the contempt question got pointed the other way at the people who sued, and it landed on his desk.
01:03:16.140 He answered it yesterday.
01:03:19.120 He called their expert well-qualified and credible.
01:03:23.520 He took that expert's work and used it to build the group's standing, which is the exact thing the list got handed over for in the first place.
01:03:33.320 And on the question of whether anybody had broken his fence, the man who built the fence
01:03:38.660 wrote this, the court does not address those collateral issues here.
01:03:47.060 Collateral.
01:03:49.060 The order, the order was his.
01:03:53.620 The restriction was his.
01:03:56.620 The fence was his.
01:03:59.100 And when the United States walked in and said, your fence is broken, the judge who built it called the question collateral and moved along.
01:04:10.780 Then he turned around and barred the Justice Department from telling California to set those ballots aside.
01:04:19.700 And he set the bond at one dollar.
01:04:25.420 One dollar.
01:04:27.280 this morning the active deputy attorney general of the united states a man named trent mccotter
01:04:35.060 put six words on the record about it and i'm going to read them exactly because i could not
01:04:40.180 say it better than he did for sure a tale of two judge bozbergs that is not me talking
01:04:50.020 that is the number two at the justice department of the united states in writing this morning
01:04:57.000 Now, I'm going to say the careful part, same as I did an hour ago, and then I'm going to tell you what I think.
01:05:04.900 He is a sitting federal judge.
01:05:07.660 Nobody has found him to have done anything wrong.
01:05:11.820 Nobody has accused him of a crime, and I do not hand people lawsuits.
01:05:17.860 That's the careful part.
01:05:20.020 Here is what I really think.
01:05:22.000 A rule that only ever runs in one direction is not a rule.
01:05:26.060 It is a preference wearing a rule's clothes.
01:05:29.520 And when a man spends two years reaching for contempt in one direction and calls it collateral in the other,
01:05:35.340 he has told you which way he was facing the entire time.
01:05:39.260 And I want you to notice what that case is actually about underneath all of it,
01:05:45.840 because it is the same thing that I've been telling you for 50 minutes.
01:05:50.300 20,930 names left a government building under a rule about who was allowed to touch them
01:05:59.940 and within one day they had been used for something nobody agreed to
01:06:04.700 it is not about whether the list was right it is about who was holding it
01:06:12.140 and that is the whole hour litter mates right there everybody out there today is arguing about
01:06:23.440 machines scanners tabulators memory cards software which brand which country or which county
01:06:31.880 which cable channel told you which thing and it was never the machines it is the poll book that
01:06:42.480 got deleted in seven days when federal law says 22 months it is the metadata nobody kept
01:06:50.060 it is the thousand people with notebooks standing in a parking lot it is the whisper with no paper
01:06:58.880 trail. It is the two identical names printed on one ballot by a state that said out loud why they
01:07:07.820 were there. It is 20,930 names that got out of a sealed file in a day. Every one of those is the
01:07:21.840 same question wearing a different coat. Who had custody? Not who won, not who voted, who was holding
01:07:34.320 it? Because a machine can be checked. A machine can be opened, tested, rerun, audited, printed out,
01:07:44.080 and argued over for nine months, but a record that nobody kept cannot be checked by anyone
01:07:52.920 ever for any reason. You cannot recount what nobody saved. That is not a glitch in the system.
01:08:04.600 After today, I do not think it is an accident either. I think it is the system working exactly
01:08:12.320 the way somebody built it. Let me tell you about tonight. Not the results. I'm not going to guess
01:08:22.500 at those and you should be suspicious of anybody who does. I want to tell you about the part of
01:08:28.800 tonight that nobody is going to broadcast. At some point this evening in about a hundred thousand
01:08:35.760 buildings in this country the last voter is going to leave and the room is going to get quiet
01:08:42.880 and then a handful of ordinary people who have been on their feet since six o'clock this morning
01:08:50.320 are going to start the part of the job that nobody thanks them for. They are going to seal things,
01:08:58.040 initial things, count things twice and write the number on a form with a pen.
01:09:04.280 somebody is going to carry a box out to a car that is it that is the whole thing
01:09:13.220 that is the part the entire hour we just spent together was actually about not a scanner not a
01:09:21.880 lawsuit not a judge a tired person in a cardigan carrying a box out to a car in the dark with
01:09:29.880 nobody watching. And I think about them more than I think about any of the officials I've read you
01:09:37.540 today because they are the last honest link in the whole chain and almost nobody says their names
01:09:46.380 out loud. Some of you are them. I know that for a fact because you write to me. Some of you are
01:09:54.920 going to read this part later tonight on your phone in a parking lot with your feet killing you
01:10:02.940 you're going to go hmm my gosh that's me i see you and i thank you more than you can imagine
01:10:10.220 i i'm not being cute i mean it i mean you held the paper today everybody that actually worked
01:10:17.000 on these elections bravo i mean seriously that is you doing a huge service to your country
01:10:23.400 and for the rest of us here is the only thing that I'm going to ask of you and it is small and I am
01:10:29.920 going to ask it because I think it is the only part of this that actually is in our hands do not
01:10:38.180 go to bed angry tonight whatever happens whatever the number says it is going to be somebody's job
01:10:45.060 tomorrow to go look at the boring part I mean the forms the seals the logs the part with no
01:10:53.220 cameras. And angry people do not check the paperwork. Angry people yell. Patient people
01:11:00.820 check the paperwork. And patient people are the only ones who ever actually caught anything.
01:11:07.920 So be patient. Be unbelievably inconvinced. And, you know, be as patient as you possibly can be.
01:11:18.760 it's the most aggressive thing that you can possibly do and be right now then go be a person
01:11:26.800 for a few hours you can eat something that is not out of a bag go sit with whoever is in your house
01:11:33.100 if the only one home is a dog you go and love that fluffy dog because that counts and honestly
01:11:39.680 that may be the better conversation well thank you for giving me this hour there were a thousand
01:11:46.840 places that you could have already been today and you decided to spend it with me me you could have
01:11:54.500 put it in today a lot of them were louder than me you could you came here instead I do not take
01:12:01.180 that for granted and I never ever will so take good care of yourself I love you litter mates
01:12:07.920 you are doing a wonderful job you truly are you're seen and you are heard come back tomorrow
01:12:13.980 because by tomorrow, we're going to know things that we do not know right now. And I would rather
01:12:19.720 find out with you than without you. So let me tell you one thing. I mean, you all have done just an
01:12:28.200 incredible, incredible job. I'm very proud of you. Again, don't go to bed mad. Just go and enjoy the
01:12:35.480 people that are in your lives that are around you. Everybody because honestly, that's that's where it
01:12:41.800 all is and truly you did a beautiful job so make sure if you've got somebody that hasn't voted yet
01:12:46.640 get them there if you haven't voted yourself make sure you get there and just continue being your
01:12:53.320 positive wonderful loving selves i will see you here tomorrow at three o'clock p.m eastern time
01:12:59.080 with a whole new show we'll have a plenty more to talk about i'm sure in the meantime you all
01:13:05.080 be safe be kind to one another and we will see you later bye
01:13:11.800 Thank you.
01:13:41.800 We'll be right back.
01:14:11.800 Transcription by CastingWords
01:14:41.800 Learn more at LockheedMartin.com slash Canada.