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Supreme Court Allows Pennsylvania To Count Votes After Election Day; Debate Commission Adds Mute Button To Trump-Biden Face-Off; President Trump Focuses On Attacking Dr. Fauci, Not COVID. Aired 5:30- 6a ET

Aired October 20, 2020 - 05:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


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[05:32:02]

LAURA JARRETT, CNN ANCHOR: A divided Supreme Court rules ballots can still be counted even if they arrive after Election Day in a critical swing state.

CHRISTINE ROMANS, CNN ANCHOR: And what happens if Thursday's debate disintegrates into a sideshow? We'll explain the commission's new rule.

Good morning, this is EARLY START. I'm Christine Romans.

JARRETT: And I'm Laura Jarrett, about 32 minutes past the hour here in New York.

And we begin with a big lift for Democrats in maybe the most pivotal battleground state. As President Trump heads to Pennsylvania today, the U.S. Supreme Court, overnight, rejecting a request by the state Republican Party to limit mail-in voting. Now this decision could change the fate of thousands of ballots in a crucial swing state that the president won by just a hair back in 2016.

(BEGIN VIDEO CLIP)

JOSH SHAPIRO, PENNSYLVANIA ATTORNEY GENERAL: Pennsylvania voters deserve clarity and confidence in an election that's already underway here in Pennsylvania, and this ruling tonight by the Supreme Court of the United States gives them both. And it shuts down yet another attack by Donald Trump and his enablers on the laws of the Commonwealth of Pennsylvania.

(END VIDEO CLIP)

ROMANS: As of last Friday, Democrats had requested almost three times as many mail ballots as Republicans in the state. The Supreme Court decision may also foreshadow the way the court is about to be reshaped.

CNN's John Harwood has more from Washington.

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JOHN HARWOOD, CNN WHITE HOUSE CORRESPONDENT: The United States Supreme Court has handed a major victory to Pennsylvania Democrats and Joe Biden's campaign by allowing a State Supreme Court ruling to stand that permits mail-in votes to be counted if they're received up to three days after Election Day, even if the postmark is not legible.

Three points to make about this ruling.

First of all, it's a big advantage for Democrats because Pennsylvania may be the tipping point state in the campaign -- the one that decides the Electoral College battle. And most people who have indicated a desire to vote by mail say they plan to vote for Joe Biden. Republicans have wanted as few of those mail-in votes to count as possible.

The second point is that because Joe Biden has a significant lead -- more than six points in the polling averages -- the ruling may not end up mattering all that much because it may not be close enough that the number of disqualified ballots makes a big difference.

The third point to make is that the U.S. Supreme Court was deadlocked four to four and that increases the importance of Amy Coney Barrett, who Republicans are trying to rush through in the Senate to join the court to have a full component of nine justices.

In this ruling, it was a deadlocked court, four to four -- the four hardcore conservative justices on the court versus the three liberals and Chief Justice John Roberts, who is very concerned about preserving the credibility of the court and making it not seem so partisan.

But if Amy Coney Barrett gets on that court, we don't know what cases could reach the Supreme Court that were relevant to the election. But if so, it appears likely, given her ideological predisposition, that those deadlocked cases would tip toward the conservative and the Republican side -- Laura and Christine.

(END VIDEOTAPE)

[05:35:04]

JARRETT: John, thank you for that.

Breaking overnight, both presidential candidates will have their microphones muted during portions of their final debate on Thursday night. Now, the Commission on Presidential Debates announced the change after President Trump constantly interrupted Biden during that first debate.

At the start of each of the six debate segments, each candidate will be given two minutes to answer a question -- and during that period of time, the other candidate's microphone will be muted. It's worth noting, however, that even if the microphones are off, interruptions would still clearly be heard in the debate hall and that could slow things down.

The president has called the change unfair but he says he will nevertheless participate.

ROMANS: All right.

If you were looking at Twitter or listening to a campaign call or watching a rally Monday, you saw a common thread. President Trump on the offensive -- not against coronavirus but against the man charged with stopping the pandemic, Dr. Anthony Fauci.

Two hundred twenty thousand Americans are now dead. Fifty-eight thousand new COVID cases yesterday alone. For comparison, Japan, with about one-third of the U.S. population, had a grand total of 310 cases yesterday.

JARRETT: The president held two more rallies without social distancing and very few masks to be seen in the battleground of Arizona. Mr. Trump has traveled to 10 states in the last nine days, the vast majority of them where cases are skyrocketing, and he's holding potential super-spreader events. Cases are declining only in one state, Hawaii.

But the president's closing argument for the election has devolved into a campaign of insults against. Dr. Fauci.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: People are tired of COVID. I have the biggest rallies I've ever had and we have COVID. People are saying whatever, just leave us alone. They're tired of it.

People are tired of hearing Fauci and all these idiots -- these people -- these people that have gotten it wrong. Fauci's a nice guy. He's been for 500 years. He called every one of them wrong. And he's like this wonderful guy -- a wonderful sage.

And yet, we keep him. Every time he goes on television there's always a bomb, but there's a bigger bomb if you fire him.

(END VIDEO CLIP)

ROMANS: So that's how the president talks about one of the most respected public health experts in the country. But he loves Dr. Scott Atlas, someone who has dismissed the value of masks and been pushing a herd immunity strategy that health experts warn is dangerous and unethical.

And piling on Fauci right now is not leaving scientists amused.

(BEGIN VIDEO CLIP)

DR. WILLIAM HASELTINE, PRESIDENT, ACCESS HEALTH INTERNATIONAL: What Donald Trump is doing is attacking the fire department when the house is burning down. This is a very, very dangerous time, especially to be attacking the one person the nation now looks to for clear, consistent guidance.

(END VIDEO CLIP) JARRETT: Tonight, first lady Melania Trump will attend a rally with her husband in Pennsylvania. It's her first big public appearance since contracting COVID and her first campaign appearance in over a year.

ROMANS: So, coronavirus concerns go beyond case count. Hospitalizations at their highest point now since August 26th, and these are not the asymptomatic people who can recover at home. These people are sick -- they have to be hospitalized.

Nursing homes still a big concern, too. All 62 residents in one Kansas nursing home became infected; 10 died.

Over the past two weeks, 42 states have seen hospitalizations increase by more than five percent. Fourteen states have hit peaks in the last week.

(BEGIN VIDEO CLIP)

DR. TOM MILLER, CHIEF MEDICAL OFFICER, UNIVERSITY OF UTAH HEALTH: We are managing right now, but if we increase another 20-30 percent we're going to have to pull in all kinds of additional help. The kids going back to school, colleges getting back together -- those infections generally in those age groups don't very often result in hospitalizations, but then there's vertical transmission to parents and grandparents, and then those people who are at risk.

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JARRETT: In California, the governor says the state won't allow any vaccine to be distributed until it's reviewed by the state's own panel of experts, no matter who wins the November election.

In Mississippi, the governor is now requiring hospitals across the state to reserve 10 percent capacity for coronavirus patients and require face coverings in nine counties there. This includes Jackson County where nearly 200 band students are now quarantined after several members tested positive.

ROMANS: All right. There are only two weeks until Election Day, but no matter who wins one of the most pressing issues the administration will have to solve is America's battered jobs market.

In a new report, S&P Global's chief U.S. economist said, quote, "Labor market data shows the economy mired in a weak recovery, with the unemployment rate still high at 7.9 percent -- above or equal to the peak of eight of the past 11 recessions."

The jobless rate might actually underrepresent how fragile the pandemic labor market is. Americans discouraged by the lack of available jobs, worried about the virus, or needing to stay home to be caregivers -- they have dropped out of the labor force. The unemployment rate doesn't factor those workers in.

[05:40:10]

The jobless rate isn't expected to get back to pre-pandemic levels before the year 2024.

JARRETT: The country hardest hit by coronavirus right now -- it's the Czech Republic. It has more new cases per million people than any other major country in the world. Now, early on, mask-wearing helped keep the virus under control there but patience ran out, people stopped wearing their masks, and COVID, of course, surged. Now the government is making a big shift.

CNN has reporters covering the pandemic around the world.

(BEGIN VIDEOTAPE)

SCOTT MCLEAN, CNN NATIONAL CORRESPONDENT: I'm Scott McLean in Berlin where the nearby Czech Republic is recording more new coronavirus cases per capita than any other major country on earth.

The first wave of the virus there was barely a blip on the radar screen thanks, in part, to a strict mask mandate. But in the summer months when the cases started to rise again, the populist prime minister said no to reinstating it.

Yesterday, though, the health minister announced that masks will again be required outdoors in urban areas. There are some exceptions but this mandate is nearly as strict as the one in place in the spring, which helped make Czech Republic so successful in tamping down the virus.

PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: I'm Phil Black in London where the government has announced it wants to pay for volunteers to be exposed to the coronavirus. This hospital will host human challenge trials where young, healthy people are given a potential vaccine. And then to test it, they're deliberately dosed with the virus.

The government thinks this will be a useful tool for more efficiently identifying the most promising of the many vaccines being developed around the world. But there will be risks because there are no guaranteed treatments for COVID-19.

MELISSA BELL, CNN INTERNATIONAL CORRESPONDENT: I'm Melissa Bell in Paris.

The French first lady, Brigitte Macron, is having to self-isolate for seven days as per French rules after coming into contact with someone last Thursday who turned out to be COVID-19-positive. This as France's positivity rate continues to climb, standing now at 13.4 percent nationally.

All eyes very much now on whether the curfews that are in place in 10 French cities, including here in Paris, will have the desired effect. For now, though, the number of COVID-19 patients in ICUs has risen above 2,000 for the first time since May.

DAVID CULVER, CNN INTERNATIONAL CORRESPONDENT: I'm David Culver in Yiwu, China and this is a city about a four-hour drive outside of Shanghai. The reason we're here is because this is one of the first places where

China is releasing the COVID-19 vaccine, one of many that they have in phase-three trials.

And you can see folks are gathering around this community hospital. We learned over the weekend they had several people receive the vaccine. However, one hospital worker telling us today they have just run out. Folks here standing by for when new supplies come in.

(END VIDEOTAPE)

ROMANS: All right, thanks to our reporters all around the world.

We'll be right back.

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[05:47:17]

JARRETT: Welcome back.

A huge boost for Democrats in Pennsylvania overnight. A divided Supreme Court rules that ballots in the state can still be counted even if they arrive after Election Day.

And with 14 days to go, let's bring in CNN senior political analyst, John Avlon. Good to see you this morning, John.

JOHN AVLON, CNN SENIOR POLITICAL ANALYST: Good morning.

JARRETT: OK, so the court was actually split four-four, which means the Pennsylvania State Supreme Court's ruling stands and the ballots are going to be counted now. It's a huge win for Democrats, especially given that this is Pennsylvania where Trump didn't win by all that much back in 2016.

AVLON: No, that's right, a critical swing state -- a big win for Democrats. But I think there are a couple of things to look at here.

First of all, as you say, four-four. Chief Justice John Roberts siding with Democrats on the court, raising the stakes really of what happens if Amy Coney Barrett goes on the Supreme Court.

It also is part of this pattern we've seen of Republicans petitioning Congress -- over 300 cases in the field -- trying to basically make it more difficult for eligible voters to vote.

This one went the Democrats' way; other cases have gone Republicans' way. But it really speaks to the stakes of this election, particularly on Pennsylvania. The Trump campaign not liking this decision but more people will get to vote.

JARRETT: More people will get to vote, but it also means the results might take a little bit longer.

AVLON: Yes. JARRETT: Because, of course, that state --

ROMANS: Right.

JARRETT: -- is one where it doesn't start counting the ballots until Election Day, so stay tuned there.

AVLON: Correct.

ROMANS: And stay patient, right?

JARRETT: Yes, yes.

ROMANS: Stay patient.

All right. This is how --

AVLON: Intellectually (ph).

ROMANS: Right.

This is how low, John, our politics have fallen. Debate microphones will be cut -- not the whole time but at the start of each segment. If you're a voter looking for substance, is this helpful or are they just doing anything to shake things up here?

AVLON: It's fundamentally helpful because we saw, obviously, President Trump interrupting constantly -- seemingly, as a matter of debate strategy or at least personal instinct.

Look, in some ways, this is absolutely an expression of where we are in our politics. This has never had to happen before because you never had a candidate who tried to interrupt as a matter of strategy before. So as a result, the things that were implicit guardrails just of decency, as well as the democratic process, need to be affirmed.

And the Trump campaign is not happy about this but it will mean the people can -- candidates can actually talk for two minutes without getting screamed over. We'll take that as a win for democracy.

JARRETT: Yes, we'll see what -- whether that actually works, though.

All right, lastly John, overnight, more than 50 former senior intelligence officials -- they said a disputed set of e-mails from Joe Biden's son Hunter -- remember the ones published by the "New York Post" -- they have all the classic earmarks of a Russian disinformation operation.

And, you know, people, I think to a certain extent, are sort of exhausted of hearing about Russian disinformation but this actually really matters.

AVLON: It matters big-time and it doesn't -- you know, it doesn't matter if people are tired of hearing about Russian disinformation efforts because they're happening in this election. We know that.

[05:50:05]

It is critically important to have 50 former members of the Intelligence Community come forward. In fact, it parallels something that I heard in an interview with a former national counterterror expert say it has all the hallmarks of a classic Russian disinformation campaign.

Of course, this is in contrast to Trump's DNI, John Ratcliffe, who seem to attest to its validity or saying they had no sense that it was hacked. But it really speaks to how much he has lost credibility and has acted contrary to all his protests during his confirmation process in a very nakedly partisan political way.

ROMANS: All right, John Avlon, senior political analyst, this Tuesday morning. Thanks, John. Nice to see you.

AVLON: Thanks, guys. Good to see you.

JARRETT: Thanks, John.

Well, the Supreme Court ruling we just mentioned is part of a nationwide battle over voting right now. In Michigan, Republicans scored a win when an appeals court reinstated Election Day as the deadline for absentee ballots. A lower court had previously extended it by two weeks.

And in North Carolina, the state Board of Elections saying it will accept ballots that arrive through November 12th if they're postmarked by Election Day.

ROMANS: Early voting records shattered from Georgia to Texas to North Carolina to Florida there where some big counties started in-person early voting yesterday.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: And if it takes me all day, I will be standing here.

UNIDENTIFIED MALE: If I have to stand here all day, I'll do that.

UNIDENTIFIED FEMALE: It went fast once it got started.

UNIDENTIFIED MALE: A lot of people aren't working right now so I did expect a turnout. But regardless of what was coming, I know what I intended to do.

(END VIDEO CLIP)

ROMANS: More than 28 million Americans across the country have already voted for president.

Rock icon John Fogerty issuing a cease and desist letter for the president to stop using his song "Fortunate Son" in his campaign. Fogerty says the president is using his voice to portray a message he does not endorse. Fogerty says he wrote the song about his disgust but some people can be excluded from serving the country because of political or financial privilege, and he says President Trump falls into both of those categories.

JARRETT: Well, Oscar-winning actor Jeff Bridges says he has been diagnosed with lymphoma. Bridges didn't provide any detail on his cancer diagnosis but he says he's beginning treatment and will keep his fans updated. Bridges says although it is a serious disease he feels fortunate to have a great team of doctors. And he urged his fans to vote, saying we're all in this together.

In southern Peru, archaeologists stumbled upon a drawing of a cat more than 2,000 years old. The ancient figure carved into a hillside has pointy ears, a long tail, and appears to be lounging of sorts. Experts say it dates back to 2,200 years. Researchers believe this and other carvings in the area once served as travel markers.

ROMANS: Fascinating.

All right, let's take a look at markets around the world this Tuesday morning. A mixed performance around the world here as we look at futures up in the U.S. this morning, bouncing back from what was kind of a dismal Monday.

Stocks fell on hopes for stimulus fading. The Dow fell 410 points. The S&P 500 and the Nasdaq also down. You know, investors hanging on for any sign a stimulus deal might happen before Election Day.

Meanwhile, Target is stepping in to help its frontline workers. Target said Monday it will spend more than $70 million on another round of bonuses for its hourly employees ahead of the holidays. It's the fourth time Target has given bonuses during the pandemic.

And, CVS is hiring. It's bracing for the next wave of coronavirus cases and the upcoming flu season. It's hiring 15,000 more employees on top of the 50,000 it hired earlier this year as the virus began to spread. CVS said a majority of the positions will be a mix of full and part-time positions for licensed pharmacy technicians. Many of the jobs are temporary with the possibility of becoming permanent.

Another coronavirus beneficiary. Netflix thrived in 2020 as people were forced to stay home. Investors will focus on what it has to say about next quarter and next year when it reports its third-quarter earnings later today.

There's a lot of competition in the streaming market. That's a concern for Netflix for next year.

Disney+ has been a bright spot for Disney as the pandemic disrupted its theme parks and delayed movie releases. Disney, last week, said it's reorganizing its media and entertainment business to focus more on streaming.

With multiple crises marking this year, Fortune expanded its criteria to determine its Most Powerful Women in Business list.

Accenture CEO Julie Sweet takes the number-one spot for running a firm helping clients figure out how the so-called new world order will work. GM's Mary Barra came in at number two for her role overseeing GM's pivot to creating ventilators during the pandemic. And Citigroup's Jane Fraser came in at number six as the first woman named to run a major U.S. bank.

JARRETT: Well, CEOs have certainly had to pivot during this year.

ROMANS: They surely have.

JARRETT: -- and figure out creative solutions for this virus.

ROMANS: All right, 54 minutes past the hour. That's it for us. Thanks for joining us. I'm Christine Romans.

JARRETT: I'm Laura Jarrett. "NEW DAY" is next.

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[05:59:26]

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We're learning from this Supreme Court ruling that mail-in ballots can be accepted in the crucial battleground state of Pennsylvania up to three days after the election.

KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: This is not something the Trump campaign or Republicans wanted to see.

UNIDENTIFIED MALE: Everyone is going to need to be really patient on election night.

TRUMP: People are tired of COVID. People are saying just leave us alone.

UNIDENTIFIED MALE: Experts say the fall surge of coronavirus has arrived and the numbers bear that out.

UNIDENTIFIED MALE: The hospitals are filling up. The number of dead is increasing. This is a very, very dangerous time.

(END VIDEO CLIP)

ANNOUNCER: This is NEW DAY with Alisyn Camerota and John Berman.

ALISYN CAMEROTA, CNN ANCHOR: We want to welcome our viewers in the United States and all around the world. This is NEW DAY. It is Tuesday, October 20.