cnbc--2020-11-09--David Bossie, who was named to lead Trump effort to challenge election results, tests positive for c

David Bossie, who was named to lead Trump effort to challenge election results, tests positive for coronavirus

From left ; Former U.S. Rep. John Shadegg , Citizens United President David Bossie , former Arizona Treasurer Jeff DeWitt , Arizona U.S. Rep. Debbie Lesko , R-Ariz. , speaking , Republican Party Chairwoman Kelli Ward , and U.S. Rep. Paul Gosar , R-Ariz. , participate in an Arizona Republican Party news conference , Thursday , Nov. 5 , 2020 , in Phoenix .
David Bossie , who only days ago was tapped to handle President Donald Trump 's effort to challenge the results of the presidential election , has tested positive for the coronavirus , NBC News reported Monday @ @ @ @ @ @ @ no longer part of the decision-making process of the election challenge effort , `` because he ca n't be at the campaign headquarters and he ca n't be in the Oval Office , '' a source told NBC News .
Bossie 's diagnosis came to light hours after news broke that Trump Housing and Urban Development Secretary Ben Carson was positive with Covid-19 , and days after White House chief of staff Mark Meadows was revealed to be positive with the virus .
Two sources who spoke to NBC News said Bossie tested @ @ @ @ @ @

From left; Former U.S. Rep. John Shadegg, Citizens United President David Bossie, former Arizona Treasurer Jeff DeWitt, Arizona U.S. Rep. Debbie Lesko, R-Ariz.,speaking, Republican Party Chairwoman Kelli Ward, and U.S. Rep. Paul Gosar, R-Ariz., participate in an Arizona Republican Party news conference, Thursday, Nov. 5, 2020, in Phoenix.
David Bossie, who only days ago was tapped to handle President Donald Trump's effort to challenge the results of the presidential election, has tested positive for the coronavirus, NBC News reported Monday.
As a result, Bossie is no longer part of the decision-making process of the election challenge effort, "because he can't be at the campaign headquarters and he can't be in the Oval Office," a source told NBC News.
Bossie's diagnosis came to light hours after news broke that Trump appointee Ben Carson, secretary of Housing and Urban Development, was positive with Covid-19 and days after White House chief of staff Mark Meadows was revealed to be positive with the virus.
Two sources who spoke to NBC News said Bossie tested positive for Covid-19 on Sunday.


cnbc--2020-11-10--Trump agency official privately says there is 'no transition in place' after Biden's victory

United States Agency for International Development ( USAID ) Deputy Administrator for Latin America and the Caribbean , John Barsa speaks in Brasilia , Brazil January 28 , 2020 .
`` The only official announcement about an election result that matters is from the head of GSA .
So until the head of GSA makes a determination as to who won an election , nothing changes , '' Barsa said , according to a recording of the meeting reviewed by CNBC .
`` There is no transition in place . ''
John Barsa , the acting deputy administrator of USAID @ @ @ @ @ @ @ on Monday that , despite Biden 's victory , the transition of power has not started and will not begin until the General Services Administration signs off .
President Donald Trump 's acting head of the U.S. Agency for International Development told political appointees that the transition of power to President-elect Joe Biden has n't started yet .
A spokesman for USAID did not respond to a request for comment .
Emily Murphy , the administrator for the GSA , must sign a letter affirming the election results in order for Biden 's @ @ @ @ @ @ @ of dollars in federal funding .
She has yet to sign the letter while Trump attempts to contend election results in key states .
The developments also come after Barsa announced the departure of Trump appointee Bonnie Glick from USAID .
USAID is the federal government 's agency that oversees foreign aid and has a budget of over $ 19 billion .
Many foreign leaders , including the prime ministers of Canada and the United Kingdom , have congratulated Biden and Vice President-elect Kamala Harris .
Barsa 's comments are the latest example @ @ @ @ @ @ @ off the results of the election .
At the meeting , USAID leaders were plowing ahead with Trump administration developments , almost as if Trump had won .
On the call , they announced a new USAID White House liaison .
Catharine O'Neill , a former Trump official in the U.S. State Department , will be the new White House liaison for the agency , Barsa said .
O'Neill said she was on the campaign before rejoining the administration .
She reportedly is the daughter of George O'Neill Jr. , a Rockefeller heir @ @ @ @ @ @ @ William Maloney , who , as CNBC reported , was being criticized from within the agency for the way he handled his role .

United States Agency for International Development (USAID) Deputy Administrator for Latin America and the Caribbean, John Barsa speaks in Brasilia, Brazil January 28, 2020.
"The only official announcement about an election result that matters is from the head of GSA. So until the head of GSA makes a determination as to who won an election, nothing changes," Barsa said, according to a recording of the meeting reviewed by CNBC. "There is no transition in place."
John Barsa, the acting deputy administrator of USAID, privately told members of his team on Monday that, despite Biden's victory, the transition of power has not started and will not begin until the General Services Administration signs off.
President Donald Trump's acting head of the U.S. Agency for International Development told political appointees that the transition of power to President-elect Joe Biden hasn't started yet.
A spokesman for USAID did not respond to a request for comment.
Emily Murphy, the administrator for the GSA, must sign a letter affirming the election results in order for Biden's transition to receive the legally mandated millions of dollars in federal funding. She has yet to sign the letter while Trump attempts to contend election results in key states.
The developments also come after Barsa announced the departure of Trump appointee Bonnie Glick from USAID.
USAID is the federal government's agency that oversees foreign aid and has a budget of over $19 billion. Many foreign leaders, including the prime ministers of Canada and the United Kingdom, have congratulated Biden and Vice President-elect Kamala Harris.
Barsa's comments are the latest example of Trump administration officials appearing to brush off the results of the election.
At the meeting, USAID leaders were plowing ahead with Trump administration developments, almost as if Trump had won.
On the call, they announced a new USAID White House liaison. Catharine O'Neill, a former Trump official in the U.S. State Department, will be the new White House liaison for the agency, Barsa said.
O'Neill said she was on the campaign before rejoining the administration. She reportedly is the daughter of George O'Neill Jr., a Rockefeller heir and conservative writer. O'Neill is replacing William Maloney, who, as CNBC reported, was being criticized from within the agency for the way he handled his role.


cnbc--2020-11-10--Trump says Defense Secretary Mark Esper has been 'terminated'

WASHINGTON — President Donald Trump announced Monday on Twitter that he has `` terminated '' Defense Secretary Mark Esper , replaced by Christopher C. Miller , director of the National Counterterrorism Center .
The announcement came about five months after he and his Pentagon chief had a public break over how to handle civil unrest in America 's cities .
`` Mark Esper has been terminated , '' Trump tweeted .
`` I would like to thank him for his service . ''
A Defense Department spokesperson declined to comment and referred CNBC to the White House .
In another @ @ @ @ @ @ @ as acting secretary , effective immediately .
Miller , who previously spent 31 years in the U.S. Army , was sworn in as director of the National Counterterrorism Center in August .
Before that , he served as Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism .
In that role , he was responsible for overseeing the employment of special operations forces in counterterrorism as well as personnel recovery and hostage issues .
It is unlikely the Senate will confirm Miller or a new nominee for the role before Trump @ @ @ @ @ @ @ for the Biden transition team declined to comment on Esper 's dismissal .
The moves come as Trump refuses to accept the results of the presidential election and on the heels of an NBC News report that Esper had prepped his resignation letter , bracing for an inevitable termination from the Trump administration .
Esper 's firing might not be all .
A Trump administration official told CNBC 's Eamon Javers that `` I assume FBI and CIA are next , '' referring to FBI Director Christopher Wray and CIA Director Gina Haspel @ @ @ @ @ @ @ , Esper told reporters in June that he did not support the invoking the Insurrection Act , an 1807 law , to allow Trump to deploy active-duty U.S. troops to respond to civil unrest stemming from protests against police brutality across the country .
`` I say this not only as secretary of Defense , but also as a former soldier and a former member of the National Guard , the option to use active-duty forces in a law enforcement role should only be used as a matter of last resort , and @ @ @ @ @ @ @ situations .
We are not in one of those situations now , '' Esper said .
Hours after Esper 's statement , White House press secretary Kayleigh McEnany said Trump has the `` sole authority '' to move forward with the measure .
When asked if the president was peeved by Esper 's comments at the Pentagon , McEnany gave a lukewarm response .
`` I would say if he loses confidence in Secretary Esper I 'm sure you all will be the first to know .
As of right now , Secretary @ @ @ @ @ @ @ should the president lose faith , we will all learn about that in the future , '' McEnany said at the time .
Esper , who was previously the secretary of the Army , ascended to Pentagon chief in June 2019 .
His tenure followed the resignations of Trump 's first secretary of Defense , James Mattis , and then-acting Secretary Patrick Shanahan .

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WASHINGTON — President Donald Trump announced Monday on Twitter that he has "terminated" Defense Secretary Mark Esper, replaced by Christopher C. Miller, director of the National Counterterrorism Center. The announcement came about five months after he and his Pentagon chief had a public break over how to handle civil unrest in America's cities. "Mark Esper has been terminated," Trump tweeted. "I would like to thank him for his service." A Defense Department spokesperson declined to comment and referred CNBC to the White House. In another tweet, Trump said Miller will serve as acting secretary, effective immediately. Miller, who previously spent 31 years in the U.S. Army, was sworn in as director of the National Counterterrorism Center in August. Before that, he served as Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism. In that role, he was responsible for overseeing the employment of special operations forces in counterterrorism as well as personnel recovery and hostage issues.
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It is unlikely the Senate will confirm Miller or a new nominee for the role before Trump leaves office in January. A spokesman for the Biden transition team declined to comment on Esper's dismissal.
Christopher Miller, director of the National Counterterrorism Center (NCTC), speaks during a Senate Homeland Security and Governmental Affairs Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 24, 2020. Joshua Roberts | Bloomberg | Getty Images
The moves come as Trump refuses to accept the results of the presidential election and on the heels of an NBC News report that Esper had prepped his resignation letter, bracing for an inevitable termination from the Trump administration. Esper's firing might not be all. A Trump administration official told CNBC's Eamon Javers that "I assume FBI and CIA are next," referring to FBI Director Christopher Wray and CIA Director Gina Haspel. In an extraordinary break with Trump, Esper told reporters in June that he did not support the invoking the Insurrection Act, an 1807 law, to allow Trump to deploy active-duty U.S. troops to respond to civil unrest stemming from protests against police brutality across the country. "I say this not only as secretary of Defense, but also as a former soldier and a former member of the National Guard, the option to use active-duty forces in a law enforcement role should only be used as a matter of last resort, and only in the most urgent and dire situations. We are not in one of those situations now," Esper said.
US Secretary of Defense Mark Esper at the Pentagon on March 05, 2020 in Arlington, Virginia. Yasin Ozturk | Anadolu Agency via Getty Images
Hours after Esper's statement, White House press secretary Kayleigh McEnany said Trump has the "sole authority" to move forward with the measure. When asked if the president was peeved by Esper's comments at the Pentagon, McEnany gave a lukewarm response. "I would say if he loses confidence in Secretary Esper I'm sure you all will be the first to know. As of right now, Secretary Esper is still Secretary Esper, and should the president lose faith, we will all learn about that in the future," McEnany said at the time. Esper, who was previously the secretary of the Army, ascended to Pentagon chief in June 2019. His tenure followed the resignations of Trump's first secretary of Defense, James Mattis, and then-acting Secretary Patrick Shanahan.
James Mattis, U.S. Secretary of Defense, right, and Patrick Shanahan, Deputy Secretary of Defense, wait outside the Pentagon before an event in Washington, D.C., on Thursday, Aug. 9, 2018. Andrew Harrer | Bloomberg via Getty Images


cnbc--2020-11-09--This map shows how Biden won back Pennsylvania in the 2020 election

U.S. Democratic presidential candidate Joe Biden gestures as he speaks during a drive-in campaign event at Bucks County Community College in Bristol , Pennsylvania , October 24 , 2020 .
Biden will beat President Donald Trump in the Keystone State after the Republican incumbent carried Pennsylvania four years ago , according to NBC News .
The former vice president leads his GOP opponent by more than 45,000 votes with some ballots outstanding .
Trump won Pennsylvania by a similar margin of about 44,000 votes in 2016 .
To win back Pennsylvania for Democrats in the 2020 presidential election , the @ @ @ @ @ @ @ 's 2016 performance across wide swaths of the state .
The maps below show the county-level win margins for the candidates in 2016 and 2020 .
This year 's results could still shift as Pennsylvania tallies final ballots .
To cause the swing , Scranton native Biden beat Clinton 's margins of victory in a range of both blue and red areas .
The eastern part of the state , in particular , appeared to propel Biden 's success .
Pennsylvania 's 20 electoral votes put Biden above the threshold to become president-elect @ @ @ @ @ @ @ Saturday .
To start , Biden leads in two of three often discussed counties that supported President Barack Obama twice before flipping to Trump in 2016 .
He holds an advantage in both Erie County in the northwest corner of the state and Northampton County on its eastern border .
He came nowhere close to winning back Luzerne County , an area in northeast Pennsylvania that saw a more than 20 percentage point swing toward the GOP in 2016 .
Even so , Trump won the area by about 15 percentage points in @ @ @ @ @ @ @ four years ago .
Eastern Pennsylvania played a huge role in propelling Biden to the White House .
He won the Democratic stronghold of Philadelphia County , home to the country 's sixth-most populous city , by about 63 percentage points or more than 440,000 votes .
The figures could move more in Biden 's favor as Philadelphia counts its final ballots .
Still , Trump has so far fared better there than he did in 2016 .
Clinton carried the county by 67 percentage points .
Biden significantly improved upon Clinton 's @ @ @ @ @ @ @ He won Delaware County by about 26 percentage points , after his predecessor as the Democratic nominee carried it by 22 points .
In Montgomery County , his 26 percentage point advantage beat out Clinton 's 21-point edge .
Biden also carried Chester County by about 17 percentage points , compared with the former secretary of state 's roughly 10 percentage point margin of victory .
Further north , Biden won Lackawanna County by more than 8 percentage points .
Clinton carried the area , which includes the president-elect 's hometown of Scranton @ @ @ @ @ @ @ was n't just eastern Pennsylvania that boosted Biden .
He improved upon Clinton 's margins in the blue counties of Dauphin , where the state capital of Harrisburg sits , and Centre County , which includes Penn State University .
He also saw a bump in support in western Pennsylvania .
Allegheny County , home to the state 's second-most populous city , Pittsburgh , backed Biden by about 20 percentage points .
Clinton won the area by roughly 17 percentage points in 2016 .
Biden even cut into Trump 's margins in @ @ @ @ @ @ @ though the incumbent overwhelmingly won the counties of Washington , Westmoreland , Butler and Beaver , his margin of victory dropped by at least a percentage point in all of those areas compared with 2016 .
The trend carried across a range of conservative counties in the state , where Biden performed at least slightly better than Clinton did four years ago .
One factor at play is a smaller third-party presence in Pennsylvania .
Libertarian Jo Jorgensen won 1.1 % of the 2020 vote , while Green Party candidate Howie Hawkins did @ @ @ @ @ @ @ years ago , Libertarian Gary Johnson and Green Party candidate Jill Stein combined to win more than 3 % of Pennsylvania votes .

U.S. Democratic presidential candidate Joe Biden gestures as he speaks during a drive-in campaign event at Bucks County Community College in Bristol, Pennsylvania, October 24, 2020.
Biden will beat President Donald Trump in the Keystone State after the Republican incumbent carried Pennsylvania four years ago, according to NBC News . The former vice president leads his GOP opponent by more than 45,000 votes with some ballots outstanding. Trump won Pennsylvania by a similar margin of about 44,000 votes in 2016.
To win back Pennsylvania for Democrats in the 2020 presidential election, the president-elect had to improve upon Hillary Clinton 's 2016 performance across wide swaths of the state.
The maps below show the county-level win margins for the candidates in 2016 and 2020. This year's results could still shift as Pennsylvania tallies final ballots.
To cause the swing, Scranton native Biden beat Clinton's margins of victory in a range of both blue and red areas. The eastern part of the state, in particular, appeared to propel Biden's success. Pennsylvania's 20 electoral votes put Biden above the threshold to become president-elect when NBC News projected his victory on Saturday.
To start, Biden leads in two of three often discussed counties that supported President Barack Obama twice before flipping to Trump in 2016. He holds an advantage in both Erie County in the northwest corner of the state and Northampton County on its eastern border.
He came nowhere close to winning back Luzerne County, an area in northeast Pennsylvania that saw a more than 20 percentage point swing toward the GOP in 2016. Even so, Trump won the area by about 15 percentage points in 2020, down from 19 percentage points four years ago.
Eastern Pennsylvania played a huge role in propelling Biden to the White House. He won the Democratic stronghold of Philadelphia County, home to the country's sixth-most populous city, by about 63 percentage points or more than 440,000 votes. The figures could move more in Biden's favor as Philadelphia counts its final ballots.
Still, Trump has so far fared better there than he did in 2016. Clinton carried the county by 67 percentage points.
Biden significantly improved upon Clinton's margins in the areas surrounding Philadelphia. He won Delaware County by about 26 percentage points, after his predecessor as the Democratic nominee carried it by 22 points.
In Montgomery County, his 26 percentage point advantage beat out Clinton's 21-point edge. Biden also carried Chester County by about 17 percentage points, compared with the former secretary of state's roughly 10 percentage point margin of victory.
Further north, Biden won Lackawanna County by more than 8 percentage points. Clinton carried the area, which includes the president-elect's hometown of Scranton, by about 3 points.
It wasn't just eastern Pennsylvania that boosted Biden. He improved upon Clinton's margins in the blue counties of Dauphin, where the state capital of Harrisburg sits, and Centre County, which includes Penn State University.
He also saw a bump in support in western Pennsylvania. Allegheny County, home to the state's second-most populous city, Pittsburgh, backed Biden by about 20 percentage points. Clinton won the area by roughly 17 percentage points in 2016.
Biden even cut into Trump's margins in the red areas surrounding Pittsburgh. Even though the incumbent overwhelmingly won the counties of Washington, Westmoreland, Butler and Beaver, his margin of victory dropped by at least a percentage point in all of those areas compared with 2016.
The trend carried across a range of conservative counties in the state, where Biden performed at least slightly better than Clinton did four years ago.
One factor at play is a smaller third-party presence in Pennsylvania. Libertarian Jo Jorgensen won 1.1% of the 2020 vote, while Green Party candidate Howie Hawkins did not make the presidential ballot.
Four years ago, Libertarian Gary Johnson and Green Party candidate Jill Stein combined to win more than 3% of Pennsylvania votes.
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cnbc--2020-11-09--HUD Secretary Ben Carson tests positive for coronavirus

In a prerecorded address for the Republican National Convention released August 27 , 2020 , Housing and Urban Development Secretary @ @ @ @ @ empty Mellon Auditorium August 26 , 2020 in Washington , DC .
Housing and Urban @ @ @ @ @ has tested positive for the coronavirus , a spokesman told CNBC on Monday .
Carson @ @ @ @ @ in good spirits and feels fortunate to have access to effective therapeutics which aid and @ @ @ @ @ '' HUD deputy chief of staff Coalter Baker said in a statement .
The news @ @ @ @ @ after it was revealed that President Donald Trump 's chief of staff , Mark Meadows @ @ @ @ @ Covid-19 .
Meadows had reportedly initially informed just a close group of advisors about his @ @ @ @ @ the diagnosis days later on Friday night .
The White House hosted an in-person , @ @ @ @ @ .
Meadows and Carson attended the event , according to media reports .
Carson had @ @ @ @ @ mask at a Trump campaign rally in Michigan on Oct. 30 .

In a prerecorded address for the Republican National Convention released August 27, 2020, Housing and Urban Development Secretary Ben Carson speaks inside an empty Mellon Auditorium August 26, 2020 in Washington, DC.
Housing and Urban Development Secretary Dr. Ben Carson has tested positive for the coronavirus, a spokesman told CNBC on Monday.
Carson, 69, "is in good spirits and feels fortunate to have access to effective therapeutics which aid and markedly speed his recovery," HUD deputy chief of staff Coalter Baker said in a statement.
The news came less than a week after it was revealed that President Donald Trump's chief of staff, Mark Meadows, also tested positive for Covid-19. Meadows had reportedly initially informed just a close group of advisors about his infection. Bloomberg first reported the diagnosis days later on Friday night.
The White House hosted an in-person, indoor party on election night. Meadows and Carson attended the event, according to media reports. Carson had also been spotted without a mask at a Trump campaign rally in Michigan on Oct. 30.


cnbc--2020-11-09--Obamacare to face another Supreme Court test on Tuesday, this time with a 6-3 conservative majority

The landmark health-care legislation known as Obamacare will face its third test at the Supreme Court this week before the most conservative panel of justices on the bench in decades .
The top court will hear arguments on Tuesday in a challenge to the constitutionality of the Affordable Care Act , signed into law by President Barack Obama in 2010 .
The case was the primary focus of Democrats during the confirmation hearings for Justice Amy Coney Barrett last month .
Democrats warned that confirming Barrett , by providing the court a 6-3 majority of Republican-appointed justices , would effectively @ @ @ @ @ @ @ strikes down the law , more than 20 million Americans could lose the health-care coverage they have received under its provisions .
The health-insurance industry , which has built itself around the law for 10 years , could be upended .
The spreading coronavirus pandemic , which has killed more than 230,000 in the U.S. since it emerged late last year and sparked a recession that has kicked millions off their health insurance , has amplified the stakes of the battle .
A decision is expected by the end of June .
The @ @ @ @ @ @ @ red states led by Texas and is backed by President Donald Trump 's Department of Justice .
California and other blue states are defending the law .
The dispute will be argued just one week after the presidential election between Trump and President-elect Joe Biden .
It illustrates the wide differences in policy proposed by the two men .
While Trump has gone to court to scrap the law , Biden , who played a role in its passage , centered his health-care policy on preserving and strengthening Obamacare .
If the court @ @ @ @ @ @ @ have few options to resuscitate a new version of it and little time .
Democrats are projected to retain control of the House of Representatives , but their path to a Senate majority is narrow , with control of Congress ' upper body appearing likely to come down to two special elections in Georgia that will be held in January .
The top court has twice reviewed the Affordable Care Act , in 2012 and 2015 , and both times considered it to be lawful .
The upcoming case raises a new question @ @ @ @ @ @ @ individual mandate provision , which requires most Americans to obtain health insurance or pay a penalty .
The Supreme Court upheld the individual mandate in the 2012 case known as National Federation of Independent Business v. Sebelius .
In that case , Chief Justice John Roberts disagreed with the Obama administration , which argued the mandate was a penalty — but Roberts upheld the provision as effectively being a tax .
In 2017 , Republicans in Congress , who have been gunning to eliminate Obamacare since it was first signed , set the @ @ @ @ @ @ @ Because the penalty is $ 0 , Texas and the other red states have argued that it is no longer permissible as a tax .
Further , they say , because the individual mandate is now unconstitutional , the entire law must be eliminated .
A federal district court in Texas and the 5th U.S .
Circuit Court of Appeals sided with the red states and said the individual mandate is unconstitutional .
The district court said that as a result , the entire law must fall , while the appeals court did @ @ @ @ @ @ @ `` The individual mandate is unconstitutional because it can no longer be read as a tax , and there is no other constitutional provision that justifies this exercise of congressional power , '' the appeals court said .
The panel added that whether the mandate was `` severable , '' or could be separated from the rest of the law , was an open question .
`` It may still be that none of the ACA is severable from the individual mandate , even after this inquiry is concluded , '' the majority @ @ @ @ @ @ @ all of the ACA is severable from the individual mandate .
It may also be that some of the ACA is severable from the individual mandate , and some is not . ''
Health-care activists are worried that the court , with a 6-3 majority , will finally scrap the law .
`` I 'm really quite nervous , '' said Wendell Potter , a former executive at the health insurance company Cigna who has spent a decade advocating for liberal health-care reforms .
`` There have been so many close calls , @ @ @ @ @ @ @ a few years ago , '' Potter said , referring to the late Arizona GOP senator 's 2017 `` thumbs down '' vote on repeal of the individual mandate and other provisions of the law .
`` This threat now , with the change in the makeup of the court , is really unnerving . ''
Barrett , an academic for most of her career , has been critical of the Supreme Court 's reasoning in upholding Obamacare in the previous cases that have come before it , though she has not addressed @ @ @ @ @ @ @ .
She said during her hearings that she would approach the case with an open mind .
Views on severability , unlike the questions raised in the earlier cases , do not obviously split along partisan lines .
Last term , three of the court 's conservatives suggested in a case unrelated to Obamacare that their views on severability could be favorable to Democrats in the health-care case .
Justice Brett Kavanaugh , in an opinion joined by Roberts and Justice Samuel Alito , wrote that courts should generally sever an offending provision @ @ @ @ @ @ @ of the law can function independently .
Kavanaugh wrote that it was `` fairly unusual for the remainder of a law '' not to be able to do so .
`` Constitutional litigation is not a game of gotcha against Congress , where litigants can ride a discrete constitutional flaw in a statute to take down the whole , otherwise constitutional statute , '' Kavanaugh wrote .
Andrew Bab , a partner at the law firm Debevoise & Plimpton and a co-head of its health care and life sciences group , said that @ @ @ @ @ @ @ weigh will be the intent of Congress when it enacted the Affordable Care Act .
Bab noted that the individual mandate was one part of Obamacare 's so-called `` three-legged stool . ''
At the time that Congress passed the Affordable Care Act , Democrats argued the individual mandate was essential in order for two other aspects of the law to function : Its requirement that insurers provide coverage to those with preexisting conditions and subsidies to make insurance affordable .
`` How can Congress ever have intended , goes the argument , @ @ @ @ @ @ @ to stand without the third leg ? ''
Bab said .
On the other hand , he explained , Congress ' decision in 2017 to lower the individual mandate penalty to $ 0 without scrapping the entire law cuts in the other direction .
`` Not only did the legislators seem to intend for the law to continue to operate , but it has continued to operate , and at least arguably , we have n't seen the death spiral that was the reason behind the mandate , '' Bab said .
`` @ @ @ @ @ @ @ , and are not the kind of questions many scholars would spend a lot of time writing about , '' he added .
Because of Covid-19 , Tuesday 's arguments will be conducted via telephone and streamed live to the public .
They will begin at 10 a.m .
The case is known as California v. Texas , No .
19-840 .

A protestor holds a sign outside the U.S. Supreme Court building, as the court justices engage in arguments over the fate of Obamacare laws, in Washington, U.S. November 10, 2020. Hannah McKay | Reuters
The landmark health-care legislation known as Obamacare will face its third test at the Supreme Court this week before the most conservative panel of justices on the bench in decades. The top court will hear arguments on Tuesday in a challenge to the constitutionality of the Affordable Care Act, signed into law by President Barack Obama in 2010. The case was the primary focus of Democrats during the confirmation hearings for Justice Amy Coney Barrett last month. Democrats warned that confirming Barrett, by providing the court a 6-3 majority of Republican-appointed justices, would effectively doom the legislation. If the court strikes down the law, more than 20 million Americans could lose the health-care coverage they have received under its provisions. The health-insurance industry, which has built itself around the law for 10 years, could be upended.
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The spreading coronavirus pandemic, which has killed more than 230,000 in the U.S. since it emerged late last year and sparked a recession that has kicked millions off their health insurance, has amplified the stakes of the battle. A decision is expected by the end of June.
Obamacare's history in court
The case was brought by a consortium of red states led by Texas and is backed by President Donald Trump's Department of Justice. California and other blue states are defending the law. The dispute will be argued just one week after the presidential election between Trump and President-elect Joe Biden. It illustrates the wide differences in policy proposed by the two men. While Trump has gone to court to scrap the law, Biden, who played a role in its passage, centered his health-care policy on preserving and strengthening Obamacare. If the court strikes it down, Biden will likely have few options to resuscitate a new version of it and little time. Read more: What President-elect Biden's victory means for the future of Obamacare Democrats are projected to retain control of the House of Representatives, but their path to a Senate majority is narrow, with control of Congress' upper body appearing likely to come down to two special elections in Georgia that will be held in January. The top court has twice reviewed the Affordable Care Act, in 2012 and 2015, and both times considered it to be lawful. The upcoming case raises a new question about the constitutionality of the law's individual mandate provision, which requires most Americans to obtain health insurance or pay a penalty. The Supreme Court upheld the individual mandate in the 2012 case known as National Federation of Independent Business v. Sebelius. In that case, Chief Justice John Roberts disagreed with the Obama administration, which argued the mandate was a penalty — but Roberts upheld the provision as effectively being a tax. In 2017, Republicans in Congress, who have been gunning to eliminate Obamacare since it was first signed, set the individual mandate penalty to $0. Because the penalty is $0, Texas and the other red states have argued that it is no longer permissible as a tax. Further, they say, because the individual mandate is now unconstitutional, the entire law must be eliminated. A federal district court in Texas and the 5th U.S. Circuit Court of Appeals sided with the red states and said the individual mandate is unconstitutional. The district court said that as a result, the entire law must fall, while the appeals court did not address the latter point conclusively. "The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power," the appeals court said.
The severability question


cnbc--2020-11-09--Coronavirus vaccine breakthrough prompts hype from Trump, cautious optimism from Biden

This combination of pictures created on October 30 , 2020 shows Democratic presidential nominee and former Vice President Joe Biden delivers remarks on Covid-19 at The Queen theater on October 23 , 2020 in Wilmington , Delaware and US President Donald Trump addresses supporters during a Make America Great Again rally as he campaigns in Gastonia , North Carolina , October 21 , 2020 .
Pharma giant Pfizer and German biotech company BioNTech announced Monday that its leading vaccine candidate is more than 90 % effective in preventing Covid-19 among those without evidence of prior infection .
A major development @ @ @ @ @ @ @ prompted starkly different reactions from President Donald Trump and President-elect Joe Biden , illustrating just how differently a Biden administration plans to approach the pandemic .
Trump touted the news almost immediately , firing off an all-caps tweet declaring , `` STOCK MARKET UP BIG , VACCINE COMING SOON . ''
Less than an hour later , Biden released a statement through his transition team with Vice President-elect Kamala Harris , urging Americans to keep up their efforts to prevent the spread of the virus .
`` Last night , my public health @ @ @ @ @ @ @ .
I congratulate the brilliant women and men who helped produce this breakthrough and to give us such cause for hope , '' the president-elect 's statement said .
`` At the same time , it is also important to understand that the end of the battle against COVID-19 is still months away .
This news follows a previously announced timeline by industry officials that forecast vaccine approval by late November .
Even if that is achieved , and some Americans are vaccinated later this year , it will be many more months @ @ @ @ @ @ @ country . ''
`` Today 's news does not change this urgent reality .
Americans will have to rely on masking , distancing , contact tracing , hand washing , and other measures to keep themselves safe well into next year .
Today 's news is great news , but it does n't change that fact , '' he said .
Biden had campaigned on a promise to address the pandemic more effectively than Trump , who downplayed the virus for months , frequently disregarded his administration 's social distancing guidelines and repeatedly @ @ @ @ @ @ @ would be available .
In his final appearances before the election , which involved dozens of rallies before tight-packed crowds of supporters who largely declined to wear masks , Trump made only brief references to the virus .
At the same time , Covid-19 cases had been rising to new daily record highs .
More than 9.97 million cases have been reported in the U.S. , and at least 237,584 people have died , according to data from Johns Hopkins University .
The Biden-Harris campaign had previously laid out a step-by-step plan for @ @ @ @ @ @ @ speech as president-elect Saturday night , Biden said his first priority would be to rein in the pandemic .
Earlier Monday , Biden 's transition team unveiled his Covid-19 advisory board , to be led by Dr. David Kessler , Dr. Vivek Murthy , and Dr. Marcella Nunez-Smith .
While Biden intends to quickly quash the threat of the virus , Trump has treated the virus as if it 's already on its way out .
The president , in his tweet Monday morning and in his rhetoric on the campaign trail for @ @ @ @ @ @ @ achieving an economic rebound than on tamping down the spread of the virus .
He has already drawn a line against implementing any further lockdown measures .
Even as cases rose toward more than 100,000 per day — a grim milestone that had since been passed — Trump insisted that his administration was `` rounding the corner , '' a line consonant with his prior assurances that the U.S. would move past the pandemic with or without a vaccine .
Trump has also lashed out at his own public health officials , including @ @ @ @ @ @ @ Anthony Fauci .
Just before the election , Trump even suggested he might try to fire Fauci , who has refused to sugarcoat his language when discussed the dire threat of the pandemic .
Biden has said he would keep Fauci on if elected .
The news might have played to Trump 's favor had it arrived before the election .
Trump , in his optimistic messaging on the virus , often pointed to the health problems associated with lockdowns along with the economic downsides .
A hopeful development in the monthslong fight @ @ @ @ @ @ @ well among those experiencing `` lockdown fatigue . ''
But Pfizer 's announcement came after media outlets projected that Biden had defeated Trump , making the Republican incumbent the first president to lose reelection since 1992 .
Trump , who was golfing as the news outlets made their calls , is refusing to concede the race .
Rather , he has repeatedly claimed he won the election , `` by a lot , '' and his surrogates have said that they will file new lawsuits related to alleged voter fraud as early as @ @ @ @ @ @ @ yet presented of widespread voter fraud that could reverse the projected results in they key states that cost Trump a second term .

Democratic President-elect Joe Biden delivering remarks on Covid-19 at The Queen theater on Oct. 23, 2020 in Wilmington, Delaware and U.S. President Donald Trump addressing supporters during a Make America Great Again rally in Gastonia, North Carolina, Oct. 21, 2020.
Pharma giant Pfizer and German biotech company BioNTech announced Monday that its leading vaccine candidate is more than 90% effective in preventing Covid-19 among those without evidence of prior infection.
A major development in the quest for a coronavirus vaccine prompted starkly different reactions from President Donald Trump and President-elect Joe Biden , illustrating just how differently a Biden administration plans to approach the pandemic.
Trump touted the news almost immediately, firing off an all-caps tweet declaring, "STOCK MARKET UP BIG, VACCINE COMING SOON."
"SUCH GREAT NEWS!" the president wrote.
Less than an hour later, Biden released a statement through his transition team with Vice President-elect Kamala Harris, urging Americans to keep up their efforts to prevent the spread of the virus.
"Last night, my public health advisors were informed of this excellent news. I congratulate the brilliant women and men who helped produce this breakthrough and to give us such cause for hope," the president-elect's statement said.
"At the same time, it is also important to understand that the end of the battle against COVID-19 is still months away. This news follows a previously announced timeline by industry officials that forecast vaccine approval by late November. Even if that is achieved, and some Americans are vaccinated later this year, it will be many more months before there is widespread vaccination in this country."
"Today's news does not change this urgent reality. Americans will have to rely on masking, distancing, contact tracing, hand washing, and other measures to keep themselves safe well into next year. Today's news is great news, but it doesn't change that fact," he said.
Biden had campaigned on a promise to address the pandemic more effectively than Trump, who downplayed the virus for months, frequently disregarded his administration's social distancing guidelines and repeatedly offered inaccurate assurances about when a vaccine would be available.
In his final appearances before the election, which involved dozens of rallies before tight-packed crowds of supporters who largely declined to wear masks, Trump made only brief references to the virus.
At the same time, Covid-19 cases had been rising to new daily record highs.
More than 9.97 million cases have been reported in the U.S., and at least 237,584 people have died, according to data from Johns Hopkins University.
The Biden-Harris campaign had previously laid out a step-by-step plan for combating the coronavirus. In his first speech as president-elect Saturday night, Biden said his first priority would be to rein in the pandemic.
Earlier Monday, Biden's transition team unveiled his Covid-19 advisory board, to be led by Dr. David Kessler, Dr. Vivek Murthy, and Dr. Marcella Nunez-Smith.
While Biden intends to quickly quash the threat of the virus, Trump has treated the virus as if it's already on its way out. The president, in his tweet Monday morning and in his rhetoric on the campaign trail for months, has placed more emphasis on achieving an economic rebound than on tamping down the spread of the virus. He has already drawn a line against implementing any further lockdown measures.
Even as cases rose toward more than 100,000 per day — a grim milestone that had since been passed — Trump insisted that his administration was "rounding the corner," a line consonant with his prior assurances that the U.S. would move past the pandemic with or without a vaccine.
Trump has also lashed out at his own public health officials, including the nation's top epidemiologist, Dr. Anthony Fauci. Just before the election, Trump even suggested he might try to fire Fauci, who has refused to sugarcoat his language when discussed the dire threat of the pandemic. Biden has said he would keep Fauci on if elected.
Pfizer's vaccine announcement sent stock futures skyrocketing.
The news might have played to Trump's favor had it arrived before the election. Trump, in his optimistic messaging on the virus, often pointed to the health problems associated with lockdowns along with the economic downsides. A hopeful development in the monthslong fight against the global crisis may have played well among those experiencing "lockdown fatigue."
But Pfizer's announcement came after media outlets projected that Biden had defeated Trump, making the Republican incumbent the first president to lose reelection since 1992.
Trump, who was golfing as the news outlets made their calls, is refusing to concede the race. Rather, he has repeatedly claimed he won the election, "by a lot," and his surrogates have said that they will file new lawsuits related to alleged voter fraud as early as Monday.
There has been no evidence yet presented of widespread voter fraud that could reverse the projected results in they key states that cost Trump a second term.


cnbc--2020-11-09--Op-ed: What Kamala Harris as vice president means for my daughter

The election of Sen. Kamala Harris as vice president of the United States means my daughter sees her future .
Children , teens , young people , people of all ages can see that they have the possibility and a path to reach one of the highest levels of leadership in this country and change the world .
Harris will be the first woman , first Black person , first South Asian American to be elected U.S. vice president .
Many people in this country see themselves in her - women , people of color , immigrants .
She is @ @ @ @ @ @ @ .
She also brings an interfaith perspective to the White House , with a mix of her Christian faith and Hindu heritage and her husband 's Jewish heritage .
She is a wife and a mother .
She symbolizes how much we are all `` one '' in so many ways .
For many people of color and women who have been marginalized and wonder if they are welcome and if they belong , she shows them they definitely belong .
This is our country .
It is for all of us .
@ @ @ @ @ @ @ role that go far beyond the `` firsts '' that she 's attained in her legal and political career .
Yet being first and showing outstanding capability and authority throughout her career is inspiring - as California 's first Black and Asian American attorney general , the first South Asian American woman and second Black woman elected to the U.S. Senate .
She also recognizes that there were many other women of color who helped pave the way for her to reach these heights - from Shirley Chisholm , the first Black woman @ @ @ @ @ @ @ Braun , the first Black female U.S. senator to the women who founded her sorority .
The first sorority for Black college women , Alpha Kappa Alpha Sorority Inc. , was founded in 1908 by women at her alma mater Howard University , a historically Black college .
In addition to her family , she applauds and reminds us of a historical legacy of `` firsts '' that also helped her reach her goals .
What I found most interesting in discussions with many people about this historical achievement - the first Black @ @ @ @ @ @ @ States - was the reaction of my 15 year-old daughter .
Her reply when I asked her what this moment means ?
`` It means we have to keep fighting , '' she said .
`` Having the first Black female vice president is inspiring , especially because I want to go into politics , '' she said .
`` I feel like I can connect with what she 's saying .
I think she will inspire more kids to get involved in politics . ''
`` On the other hand , people @ @ @ @ @ @ @ a Black , South Asian American female vice president as a reason that we now do n't have to talk about racism and sexism .
But we ca n't stop talking about it just because she 's won and is going to become vice president now .
We have to keep fighting . ''

Democratic vice-presidential nominee Kamala Harris waves to supporters at a election rally, after news media announced that Biden has won the 2020 U.S. presidential election, in Wilmington, Delaware, U.S., November 7, 2020. Andrew Harnik | Reuters
The election of Sen. Kamala Harris as vice president of the United States means my daughter sees her future. Children, teens, young people, people of all ages can see that they have the possibility and a path to reach one of the highest levels of leadership in this country and change the world. Harris will be the first woman, first Black person, first South Asian American to be elected U.S. vice president. Many people in this country see themselves in her - women, people of color, immigrants. She is the daughter of Jamaican and Indian immigrants. She also brings an interfaith perspective to the White House, with a mix of her Christian faith and Hindu heritage and her husband's Jewish heritage. She is a wife and a mother. She symbolizes how much we are all "one" in so many ways. For many people of color and women who have been marginalized and wonder if they are welcome and if they belong, she shows them they definitely belong. This is our country. It is for all of us.
watch now
Kamala Harris brings many perspectives to this role that go far beyond the "firsts" that she's attained in her legal and political career. Yet being first and showing outstanding capability and authority throughout her career is inspiring - as California's first Black and Asian American attorney general, the first South Asian American woman and second Black woman elected to the U.S. Senate. She also recognizes that there were many other women of color who helped pave the way for her to reach these heights - from Shirley Chisholm, the first Black woman elected to Congress, to Carol Mosley Braun, the first Black female U.S. senator to the women who founded her sorority. The first sorority for Black college women, Alpha Kappa Alpha Sorority Inc., was founded in 1908 by women at her alma mater Howard University, a historically Black college. In addition to her family, she applauds and reminds us of a historical legacy of "firsts" that also helped her reach her goals. What I found most interesting in discussions with many people about this historical achievement - the first Black woman elected vice president of the United States - was the reaction of my 15 year-old daughter.
Sharon Epperson and her 15-year-old daughter Emma Farley. Sharon Epperson | CNBC


cnbc--2020-11-10--Obamacare to face another Supreme Court test, this time with a 6-3 conservative majority

The landmark health-care legislation known as Obamacare will face its third test at the Supreme Court this week before the most conservative panel of justices on the bench in decades .
The top court will hear arguments on Tuesday in a challenge to the constitutionality of the Affordable Care Act , signed into law by President Barack Obama in 2010 .
The case was the primary focus of Democrats during the confirmation hearings for Justice Amy Coney Barrett last month .
Democrats warned that confirming Barrett , by providing the court a 6-3 majority of Republican-appointed justices , would effectively @ @ @ @ @ @ @ strikes down the law , more than 20 million Americans could lose the health-care coverage they have received under its provisions .
The health-insurance industry , which has built itself around the law for 10 years , could be upended .
The spreading coronavirus pandemic , which has killed more than 230,000 in the U.S. since it emerged late last year and sparked a recession that has kicked millions off their health insurance , has amplified the stakes of the battle .
A decision is expected by the end of June .
The @ @ @ @ @ @ @ red states led by Texas and is backed by President Donald Trump 's Department of Justice .
California and other blue states are defending the law .
The dispute will be argued just one week after the presidential election between Trump and President-elect Joe Biden .
It illustrates the wide differences in policy proposed by the two men .
While Trump has gone to court to scrap the law , Biden , who played a role in its passage , centered his health-care policy on preserving and strengthening Obamacare .
If the court @ @ @ @ @ @ @ have few options to resuscitate a new version of it and little time .
Read more : What President-elect Biden 's victory means for the future of Obamacare Democrats are projected to retain control of the House of Representatives , but their path to a Senate majority is narrow , with control of Congress ' upper body appearing likely to come down to two special elections in Georgia that will be held in January .
The top court has twice reviewed the Affordable Care Act , in 2012 and 2015 , and both @ @ @ @ @ @ @ The upcoming case raises a new question about the constitutionality of the law 's individual mandate provision , which requires most Americans to obtain health insurance or pay a penalty .
The Supreme Court upheld the individual mandate in the 2012 case known as National Federation of Independent Business v. Sebelius .
In that case , Chief Justice John Roberts disagreed with the Obama administration , which argued the mandate was a penalty — but Roberts upheld the provision as effectively being a tax .
In 2017 , Republicans in Congress , who @ @ @ @ @ @ @ it was first signed , set the individual mandate penalty to $ 0 .
Because the penalty is $ 0 , Texas and the other red states have argued that it is no longer permissible as a tax .
Further , they say , because the individual mandate is now unconstitutional , the entire law must be eliminated .
A federal district court in Texas and the 5th U.S .
Circuit Court of Appeals sided with the red states and said the individual mandate is unconstitutional .
The district court said that as @ @ @ @ @ @ @ fall , while the appeals court did not address the latter point conclusively .
`` The individual mandate is unconstitutional because it can no longer be read as a tax , and there is no other constitutional provision that justifies this exercise of congressional power , '' the appeals court said .
The panel added that whether the mandate was `` severable , '' or could be separated from the rest of the law , was an open question .
`` It may still be that none of the ACA is severable from @ @ @ @ @ @ @ inquiry is concluded , '' the majority said .
`` It may be that all of the ACA is severable from the individual mandate .
It may also be that some of the ACA is severable from the individual mandate , and some is not . ''
Health-care activists are worried that the court , with a 6-3 majority , will finally scrap the law .
`` I 'm really quite nervous , '' said Wendell Potter , a former executive at the health insurance company Cigna who has spent a decade advocating @ @ @ @ @ @ @ have been so many close calls , certainly when John McCain saved the day a few years ago , '' Potter said , referring to the late Arizona GOP senator 's 2017 `` thumbs down '' vote on repeal of the individual mandate and other provisions of the law .
`` This threat now , with the change in the makeup of the court , is really unnerving . ''
Barrett , an academic for most of her career , has been critical of the Supreme Court 's reasoning in upholding Obamacare in @ @ @ @ @ @ @ it , though she has not addressed the legal question in the present case .
She said during her hearings that she would approach the case with an open mind .
Views on severability , unlike the questions raised in the earlier cases , do not obviously split along partisan lines .
Last term , three of the court 's conservatives suggested in a case unrelated to Obamacare that their views on severability could be favorable to Democrats in the health-care case .
Justice Brett Kavanaugh , in an opinion joined by Roberts @ @ @ @ @ @ @ courts should generally sever an offending provision from a broader law if the rest of the law can function independently .
Kavanaugh wrote that it was `` fairly unusual for the remainder of a law '' not to be able to do so .
`` Constitutional litigation is not a game of gotcha against Congress , where litigants can ride a discrete constitutional flaw in a statute to take down the whole , otherwise constitutional statute , '' Kavanaugh wrote .
Andrew Bab , a partner at the law firm Debevoise & Plimpton @ @ @ @ @ @ @ and life sciences group , said that another key factor for the justices to weigh will be the intent of Congress when it enacted the Affordable Care Act .
Bab noted that the individual mandate was one part of Obamacare 's so-called `` three-legged stool . ''
At the time that Congress passed the Affordable Care Act , Democrats argued the individual mandate was essential in order for two other aspects of the law to function : Its requirement that insurers provide coverage to those with preexisting conditions and subsidies to make insurance @ @ @ @ @ @ @ have intended , goes the argument , for the two legs of the stool to stand without the third leg ? ''
Bab said .
On the other hand , he explained , Congress ' decision in 2017 to lower the individual mandate penalty to $ 0 without scrapping the entire law cuts in the other direction .
`` Not only did the legislators seem to intend for the law to continue to operate , but it has continued to operate , and at least arguably , we have n't seen the death @ @ @ @ @ @ @ mandate , '' Bab said .
`` These are not easy or sexy questions , and are not the kind of questions many scholars would spend a lot of time writing about , '' he added .
Because of Covid-19 , Tuesday 's arguments will be conducted via telephone and streamed live to the public .
They will begin at 10 a.m .
The case is known as California v. Texas , No .
19-840 .


cnbc--2020-11-11--Trump loyalists elevated to powerful roles at the Pentagon after firing of Defense Secretary Esper

Tata , a retired Army general who became a pro-Trump pundit on Fox News , joined the Defense Department earlier this year .
Trump had nominated him to a role that required Senate confirmation , but lawmakers opposed Tata in the role , and the president instead named him to an acting role that did n't require confirmation .
Tata has a history of Islamophobic comments and has called President Barack Obama a `` terrorist leader . ''
Tata is now working as the senior official performing the duties of the undersecretary of Defense for policy , following James Anderson @ @ @ @ @ @ @ released Tuesday afternoon , the Pentagon said that Anthony Tata , Ezra Cohen-Watnick and Kash Patel had been promoted to key roles .
The latest revelation comes as President Donald Trump has rejected the results of last week 's election .
Trump has not conceded to Democrat Joe Biden , who on Saturday secured more than the 270 votes needed to win the presidency .
WASHINGTON — The Pentagon on Tuesday elevated three Trump loyalists to powerful positions a day after the sudden termination of Secretary of Defense Mark Esper and following the @ @ @ @ @ @ @ Defense Department .
Cohen-Watnick is set to take over as the new acting undersecretary of Defense for intelligence and security , after Joseph Kernen resigned .
After being pushed out of the White House in 2017 , following his tenure working for former national security advisor Michael Flynn , Cohen-Watnick rejoined the Trump administration earlier this year in a Pentagon role .
Flynn was fired from his role and eventually pleaded guilty to lying to the FBI .
Cohen-Watnick also worked for former Attorney General Jeff Sessions before Sessions was fired in 2018 @ @ @ @ @ @ @ of staff to the Defense secretary , is Kash Patel , a member of the National Security Council .
Patel was a staffer for Rep. Devin Nunes , R-Calif. , who worked to discredit the probe into Russian interference in the 2016 election and potential links between the Trump campaign and the Kremlin .
`` I want to thank Dr. Anderson , Admiral Kernan and Jen Stewart for their service to the nation and the Department .
Over their careers each has contributed greatly to the national defense and the future of the @ @ @ @ @ @ @ the best in their next endeavors , '' acting Secretary of Defense Christopher Miller said in a statement .
On Monday , Trump announced on Twitter that he has `` terminated '' Esper and replaced him with Miller , director of the National Counterterrorism Center .
The announcement came about five months after he and Esper had a public break over how to handle civil unrest in America 's cities .
Esper , in an interview with the Military Times days before Trump fired him , warned of trouble if he were to @ @ @ @ @ @ @ of the day , it 's as I said — you 've got to pick your fights , '' Esper told the publication .
`` I could have a fight over anything , and I could make it a big fight , and I could live with that — why ?
Who 's going to come in behind me ?
It 's going to be a real 'yes man . '
And then God help us . ''
Here is the full statement : '' As announced yesterday , November 9 , President @ @ @ @ @ @ @ Center Director , Chris Miller , as the Acting Secretary of Defense .
Mr. Miller took over those functions and responsibilities mid-day yesterday .
Deputy Secretary of Defense David Norquist remains in his position and continues to execute his responsibilities .
Today , Acting Under Secretary of Defense for Policy Dr. James Anderson , Under Secretary of Defense for Intelligence and Security Mr. Joseph Kernan and Chief of Staff to the Secretary of Defense , Jen Stewart submitted letters of resignation .
Dr. Anderson submitted his letter of resignation to the President this @ @ @ @ @ @ @ Secretary of Defense has delegated the responsibilities of the Under Secretary of Defense for Policy to Mr. Anthony Tata .
As such , Mr. Tata is the Senior Official Performing the Duties of the Under Secretary of Defense for Policy .
He previously was the Senior Official Performing the Duties of the Deputy Under Secretary of Defense for Policy .
Dr. Thomas Williams will now perform the duties of the Deputy Under Secretary of Defense for Policy .
As planned for several months , Under Secretary Kernan submitted his letter of resignation , @ @ @ @ @ @ @ of Defense for Special Operation and Low-Intensity Conflict Ezra Cohen-Watnick will be the new Acting Under Secretary of Defense for Intelligence and Security .
Mr. Ralph Cacci will continue to perform the duties of the Deputy Under Secretary of Defense for Intelligence and Security .
Also today , Ms. Stewart submitted her resignation from the position of Chief of Staff , effective today .
Mr. Kash Patel , currently on the National Security Council staff , has been named by Acting Secretary Miller as his Chief of Staff .
Acting Secretary of Defense @ @ @ @ @ @ @ personnel changes : ' I want to thank Dr. Anderson , Admiral Kernan and Jen Stewart for their service to the nation and the Department .
Over their careers each has contributed greatly to the national defense and the future of the Department of Defense .
We wish them the best in their next endeavors . '
''

Tata, a retired Army general who became a pro-Trump pundit on Fox News, joined the Defense Department earlier this year. Trump had nominated him to a role that required Senate confirmation, but lawmakers opposed Tata in the role, and the president instead named him to an acting role that didn't require confirmation. Tata has a history of Islamophobic comments and has called President Barack Obama a "terrorist leader."
Tata is now working as the senior official performing the duties of the undersecretary of Defense for policy, following James Anderson's resignation.
In a lengthy statement released Tuesday afternoon, the Pentagon said that Anthony Tata, Ezra Cohen-Watnick and Kash Patel had been promoted to key roles.
The latest revelation comes as President Donald Trump has rejected the results of last week's election . Trump has not conceded to Democrat Joe Biden, who on Saturday secured more than the 270 votes needed to win the presidency.
WASHINGTON — The Pentagon on Tuesday elevated three Trump loyalists to powerful positions a day after the sudden termination of Secretary of Defense Mark Esper and following the resignations of multiple senior officials in the Defense Department.
Cohen-Watnick is set to take over as the new acting undersecretary of Defense for intelligence and security, after Joseph Kernen resigned.
After being pushed out of the White House in 2017, following his tenure working for former national security advisor Michael Flynn, Cohen-Watnick rejoined the Trump administration earlier this year in a Pentagon role. Flynn was fired from his role and eventually pleaded guilty to lying to the FBI. Cohen-Watnick also worked for former Attorney General Jeff Sessions before Sessions was fired in 2018.
Replacing Jen Stewart, the chief of staff to the Defense secretary, is Kash Patel, a member of the National Security Council. Patel was a staffer for Rep. Devin Nunes, R-Calif., who worked to discredit the probe into Russian interference in the 2016 election and potential links between the Trump campaign and the Kremlin.
"I want to thank Dr. Anderson, Admiral Kernan and Jen Stewart for their service to the nation and the Department. Over their careers each has contributed greatly to the national defense and the future of the Department of Defense. We wish them the best in their next endeavors," acting Secretary of Defense Christopher Miller said in a statement.
On Monday, Trump announced on Twitter that he has "terminated" Esper and replaced him with Miller, director of the National Counterterrorism Center. The announcement came about five months after he and Esper had a public break over how to handle civil unrest in America's cities.
Esper, in an interview with the Military Times days before Trump fired him, warned of trouble if he were to be replaced.
"At the end of the day, it's as I said — you've got to pick your fights," Esper told the publication. "I could have a fight over anything, and I could make it a big fight, and I could live with that — why? Who's going to come in behind me? It's going to be a real 'yes man.' And then God help us."
Here is the full statement:
"As announced yesterday, November 9, President Trump has designated the National Counter Terrorism Center Director, Chris Miller, as the Acting Secretary of Defense. Mr. Miller took over those functions and responsibilities mid-day yesterday. Deputy Secretary of Defense David Norquist remains in his position and continues to execute his responsibilities.
Today, Acting Under Secretary of Defense for Policy Dr. James Anderson, Under Secretary of Defense for Intelligence and Security Mr. Joseph Kernan and Chief of Staff to the Secretary of Defense, Jen Stewart submitted letters of resignation.
Dr. Anderson submitted his letter of resignation to the President this morning, effective today. The Acting Secretary of Defense has delegated the responsibilities of the Under Secretary of Defense for Policy to Mr. Anthony Tata. As such, Mr. Tata is the Senior Official Performing the Duties of the Under Secretary of Defense for Policy. He previously was the Senior Official Performing the Duties of the Deputy Under Secretary of Defense for Policy. Dr. Thomas Williams will now perform the duties of the Deputy Under Secretary of Defense for Policy.
As planned for several months, Under Secretary Kernan submitted his letter of resignation, effective today. Current Acting Assistant Secretary of Defense for Special Operation and Low-Intensity Conflict Ezra Cohen-Watnick will be the new Acting Under Secretary of Defense for Intelligence and Security. Mr. Ralph Cacci will continue to perform the duties of the Deputy Under Secretary of Defense for Intelligence and Security.
Also today, Ms. Stewart submitted her resignation from the position of Chief of Staff, effective today. Mr. Kash Patel, currently on the National Security Council staff, has been named by Acting Secretary Miller as his Chief of Staff.
Acting Secretary of Defense Miller issued the following statement on these personnel changes: 'I want to thank Dr. Anderson, Admiral Kernan and Jen Stewart for their service to the nation and the Department. Over their careers each has contributed greatly to the national defense and the future of the Department of Defense. We wish them the best in their next endeavors.'"


cnbc--2020-11-10--Biden puts health care front and center with a call to expand Obamacare

WILMINGTON , DELAWARE - NOVEMBER 09 : U.S. President-elect Joe Biden speaks to the media after receiving a briefing from the transition COVID-19 advisory board on November 09 , 2020 at the Queen Theater in Wilmington , Delaware .
Mr. Biden spoke about how his administration would respond to the coronavirus pandemic .
( Photo by Joe Raedle/Getty Images ) WASHINGTON — President-elect Joe Biden on Tuesday laid out his case for expanding the Affordable Care Act , saying the coronavirus pandemic has laid bare the urgent need to give more Americans access to health insurance .
`` Beginning on @ @ @ @ @ @ @ ] Harris and I will do everything we can to ease the burden of health care on you and your family , '' Biden said in a speech in Wilmington , Delaware .
Introducing Biden on stage , Harris said Biden 's election victory over President Donald Trump amounted to a mandate for expanding access to health care and health insurance .
`` Each and every vote for Joe Biden was a statement that health care in America should be a right and not a privilege , '' she said .
`` Each @ @ @ @ @ @ @ a vote to protect and expand the Affordable Care Act , not to tear it away in the midst of a global pandemic . ''
Biden 's remarks were timed to pivot off oral arguments Tuesday before the Supreme Court in a major case over the constitutionality of the landmark 2010 health-care law .
But they also reflect the preeminent position that health and health-care issues occupy within the incoming Biden administration 's broader policy agenda .
Biden was declared the winner of the 2020 presidential election on Saturday , after he secured @ @ @ @ @ @ @ defeat President Donald Trump .
`` My transition team will soon be starting its work to flesh out the details so that we can hit the ground running , tackling costs , increasing access , lowering the price of prescription drugs .
Families are reeling right now .
...
They need a lifeline , and they need it now , '' said Biden .
On Monday , his first full workday as president-elect , Biden met with his newly assembled coronavirus task force and spoke afterward about the need for a nationwide campaign @ @ @ @ @ @ @ to use his second workday as president-elect to speak again about health and health care was noteworthy .
`` This does n't need to be a partisan issue .
It 's a human issue , '' he said of expanding health insurance .
Expanding the ACA to include a government-administered health insurance option was a core promise of Biden 's presidential campaign .
But Biden aides and advisors also knew that it was one of the pledges that relied most heavily on Democrats winning majorities in the House and Senate .
With Republicans @ @ @ @ @ @ @ majority in the Senate , any `` public option '' expansion of the ACA is likely to exist more as a negotiating platform than a legislative reality .
Senate Majority Leader Mitch McConnell has repeatedly called Obamacare `` the single worst piece of legislation to pass in the last 50 years . ''

WILMINGTON, DELAWARE - NOVEMBER 09: U.S. President-elect Joe Biden speaks to the media after receiving a briefing from the transition COVID-19 advisory board on November 09, 2020 at the Queen Theater in Wilmington, Delaware. Mr. Biden spoke about how his administration would respond to the coronavirus pandemic. (Photo by Joe Raedle/Getty Images)
WASHINGTON — President-elect Joe Biden on Tuesday laid out his case for expanding the Affordable Care Act, saying the coronavirus pandemic has laid bare the urgent need to give more Americans access to health insurance.
"Beginning on Jan. 20, Vice President-elect [Kamala] Harris and I will do everything we can to ease the burden of health care on you and your family," Biden said in a speech in Wilmington, Delaware.
Introducing Biden on stage, Harris said Biden's election victory over President Donald Trump amounted to a mandate for expanding access to health care and health insurance.
"Each and every vote for Joe Biden was a statement that health care in America should be a right and not a privilege," she said. "Each and every vote for Joe Biden was a vote to protect and expand the Affordable Care Act, not to tear it away in the midst of a global pandemic."
Biden's remarks were timed to pivot off oral arguments Tuesday before the Supreme Court in a major case over the constitutionality of the landmark 2010 health-care law.
But they also reflect the preeminent position that health and health-care issues occupy within the incoming Biden administration's broader policy agenda.
Biden was declared the winner of the 2020 presidential election on Saturday, after he secured the 270 Electoral College votes needed to defeat President Donald Trump.
"My transition team will soon be starting its work to flesh out the details so that we can hit the ground running, tackling costs, increasing access, lowering the price of prescription drugs. Families are reeling right now. ... They need a lifeline, and they need it now," said Biden.
On Monday, his first full workday as president-elect, Biden met with his newly assembled coronavirus task force and spoke afterward about the need for a nationwide campaign to encourage mask-wearing. Biden's decision to use his second workday as president-elect to speak again about health and health care was noteworthy.
"This doesn't need to be a partisan issue. It's a human issue," he said of expanding health insurance.
Expanding the ACA to include a government-administered health insurance option was a core promise of Biden's presidential campaign.
But Biden aides and advisors also knew that it was one of the pledges that relied most heavily on Democrats winning majorities in the House and Senate.
With Republicans currently expected to hold on to their majority in the Senate, any "public option" expansion of the ACA is likely to exist more as a negotiating platform than a legislative reality.
Senate Majority Leader Mitch McConnell has repeatedly called Obamacare "the single worst piece of legislation to pass in the last 50 years."


cnbc--2020-11-10--Democrat Cal Cunningham concedes to GOP Sen. Thom Tillis in North Carolina Senate race

Democrat Cal Cunningham conceded Tuesday to Republican Sen. Thom Tillis in North Carolina 's U.S. Senate race , one of the last undecided contests in the fight for control of the chamber .
Later Tuesday , NBC News projected that Tillis was indeed the winner .
Tillis leads Cunningham by fewer than 2 percentage points with some votes outstanding .
In a tweeted statement , Tillis said Cunningham called him to concede Tuesday afternoon , a week after Election Day .
The senator said his first priority after returning to Washington `` will be defeating COVID-19 and getting the economy @ @ @ @ @ @ @ own statement , Cunningham said `` the voters have spoken and I respect their decision . ''
He said he will `` be proud of the work we did together to lift up the voices of North Carolinians who felt left behind by our politics . ''
North Carolina was seen as a potential tipping point as Republicans and Democrats vie for control of the Senate and the ability to shape U.S. policy for at least the next two years .
Tillis ' victory ensures the GOP enters January with at least 49 @ @ @ @ @ @ @ least 48 after flipping one net seat in the 2020 races so far .
Georgia will hold at least one runoff in January to determine the majority .
Tillis leaned into his support for President Donald Trump during the final stretch of his first term in office .
The 60-year-old senator voted to confirm Supreme Court Justice Amy Coney Barrett only eight days before the election amid criticism of Republicans ' swift action to fill the court seat .
Illustrating his difficulty in balancing the competing interests in his state , Tillis last @ @ @ @ @ @ @ he would oppose the president 's executive action to redirect military funds toward border walls — only to reverse course and back Trump 's move .
The president leads Democratic President-elect Joe Biden by about 1.3 percentage points in North Carolina .
NBC has not yet called the race in the state .
Cunningham , a former state senator , ran as an independent-minded candidate in the swing state .
The 47-year-old Army Reserve lieutenant colonel used a heavy fundraising haul in the final months of the campaign to push a health-care-focused message @ @ @ @ @ @ @ with a woman who was not his wife appeared to hit his standing in the state during the final stages of the race .
Still , Cunningham had a thin edge in polling averages heading into the election .
Tillis temporarily had to leave the campaign trail in October after he tested positive for Covid-19 .
He returned to the Capitol for the Senate Judiciary Committee hearings on Barrett 's confirmation .

Democrat Cal Cunningham conceded Tuesday to Republican Sen. Thom Tillis in North Carolina's U.S. Senate race, one of the last undecided contests in the fight for control of the chamber.
Later Tuesday, NBC News projected that Tillis was indeed the winner. Tillis leads Cunningham by fewer than 2 percentage points with some votes outstanding.
In a tweeted statement, Tillis said Cunningham called him to concede Tuesday afternoon, a week after Election Day. The senator said his first priority after returning to Washington "will be defeating COVID-19 and getting the economy back on track."
In his own statement, Cunningham said "the voters have spoken and I respect their decision." He said he will "be proud of the work we did together to lift up the voices of North Carolinians who felt left behind by our politics."
North Carolina was seen as a potential tipping point as Republicans and Democrats vie for control of the Senate and the ability to shape U.S. policy for at least the next two years. Tillis' victory ensures the GOP enters January with at least 49 Senate seats. Democrats will have at least 48 after flipping one net seat in the 2020 races so far.
Georgia will hold at least one runoff in January to determine the majority.
Tillis leaned into his support for President Donald Trump during the final stretch of his first term in office. The 60-year-old senator voted to confirm Supreme Court Justice Amy Coney Barrett only eight days before the election amid criticism of Republicans' swift action to fill the court seat.
Illustrating his difficulty in balancing the competing interests in his state, Tillis last year wrote a Washington Post op-ed saying he would oppose the president's executive action to redirect military funds toward border walls — only to reverse course and back Trump's move.
The president leads Democratic President-elect Joe Biden by about 1.3 percentage points in North Carolina. NBC has not yet called the race in the state.
Cunningham, a former state senator, ran as an independent-minded candidate in the swing state. The 47-year-old Army Reserve lieutenant colonel used a heavy fundraising haul in the final months of the campaign to push a health-care-focused message.
But confirmation of a romantic entanglement with a woman who was not his wife appeared to hit his standing in the state during the final stages of the race. Still, Cunningham had a thin edge in polling averages heading into the election.
Tillis temporarily had to leave the campaign trail in October after he tested positive for Covid-19. He returned to the Capitol for the Senate Judiciary Committee hearings on Barrett's confirmation.
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cnbc--2020-11-10--Biden says 'it's an embarrassment' that Trump won't concede with transition under way

WASHINGTON — President-elect Joe Biden said Tuesday that the Trump administration 's refusal to authorize the start of the official transition process `` does not in any way change the dynamic of what we 're able to do . ''
`` We have already started the transition ; we are well under way , '' Biden said at a press conference in Wilmington , Delaware .
Asked what he thought of President Donald Trump 's refusal so far to concede , Biden said : `` I just think it 's an embarrassment , quite frankly . ''
Biden was declared @ @ @ @ @ @ @ on Saturday , after he secured the 270 Electoral College votes needed to defeat Trump , according to NBC News and other major media outlets .
Yet the president has so far refused to accept that he lost and baselessly claims that Biden 's win is the result of `` illegal votes . ''
Trump 's campaign has filed lawsuits in several states over various elements of the voting process or the vote counting .
Legal experts say the suits appear more like one piece of a public relations strategy than they do @ @ @ @ @ @ @ , Trump still claimed he would win the election , despite the fact that Biden has already secured more than 270 electoral votes or the fact that Trump is trailing by tens of thousands of votes in key states where counting is still under way .
`` WE WILL WIN ! ''
the president tweeted hours before Biden 's remarks .
`` We 're going to be moving along in a consistent manner , putting together our administration within the White House and reviewing who we 're going to pick for the Cabinet @ @ @ @ @ @ @ And nothing 's going to stop that . ''
`` The fact that they 're not willing to acknowledge that we won at this point is not of much consequence in our planning and what we 're able to do between now and Jan. 20 , '' he added .
Biden also said he was not reliant on the federal government authorizing funding for the transition or on having access to federal agencies .
So far , the Trump administration has signaled to the Executive Branch that they are not to engage in @ @ @ @ @ @ @ .
Biden acknowledged that it would be `` useful '' for him to begin receiving the full Presidential Daily Briefings that are typically given to presidents-elect , but he added that he would not be able to act on the national security information he was briefed on as long as Trump was still in office .
`` One president at a time , '' he said .
`` How do you expect to work with Republicans if they wo n't even acknowledge you as president-elect ? ''
one reporter asked .
`` They @ @ @ @ @ @ @ They will . ''

WASHINGTON — President-elect Joe Biden said Tuesday that the Trump administration's refusal to authorize the start of the official transition process "does not in any way change the dynamic of what we're able to do."
"We have already started the transition; we are well under way," Biden said at a press conference in Wilmington, Delaware.
Asked what he thought of President Donald Trump's refusal so far to concede, Biden said: "I just think it's an embarrassment, quite frankly."
Biden was declared the winner of the 2020 presidential election on Saturday, after he secured the 270 Electoral College votes needed to defeat Trump, according to NBC News and other major media outlets. Yet the president has so far refused to accept that he lost and baselessly claims that Biden's win is the result of "illegal votes."
Trump's campaign has filed lawsuits in several states over various elements of the voting process or the vote counting. Legal experts say the suits appear more like one piece of a public relations strategy than they do a legal strategy.
As of Tuesday, Trump still claimed he would win the election, despite the fact that Biden has already secured more than 270 electoral votes or the fact that Trump is trailing by tens of thousands of votes in key states where counting is still under way.
"WE WILL WIN!" the president tweeted hours before Biden's remarks.
Biden, however, largely dismissed Trump's posturing.
"We're going to be moving along in a consistent manner, putting together our administration within the White House and reviewing who we're going to pick for the Cabinet positions," said Biden. "And nothing's going to stop that."
"The fact that they're not willing to acknowledge that we won at this point is not of much consequence in our planning and what we're able to do between now and Jan. 20," he added.
Biden also said he was not reliant on the federal government authorizing funding for the transition or on having access to federal agencies.
So far, the Trump administration has signaled to the Executive Branch that they are not to engage in any way with the Biden transition effort.
Biden acknowledged that it would be "useful" for him to begin receiving the full Presidential Daily Briefings that are typically given to presidents-elect, but he added that he would not be able to act on the national security information he was briefed on as long as Trump was still in office. "One president at a time," he said.
Overall, Biden projected calm and confidence.
"How do you expect to work with Republicans if they won't even acknowledge you as president-elect?" one reporter asked.
"They will," Biden replied. "They will."


cnbc--2020-11-11--Here's when the results of the 2020 election will be finalized

US President-elect Joe Biden delivers remarks at The Queen in Wilmington , Delaware , on November 9 , 2020 .
When Americans cast their ballots for president on Nov. 3 , they were n't voting directly for Biden or the incumbent , President Donald Trump , but rather for their state 's electors .
Members of the Electoral College cast their votes for president on behalf of their states .
Then , Congress convenes to count the electoral votes and announce the results of the election .
Joe Biden is the president-elect of the United States , as NBC News @ @ @ @ @ @ @ the election wo n't be finalized until January .
Here are the key steps in the Electoral College process between now and Inauguration Day : In a controversial move , Trump has refused to concede the election and is mounting efforts to challenge ballot counts in multiple states , even as tabulation continues .
Local election officials tabulate votes , including any mail ballots received after Election Day in states that allow them .
After local results are verified by local election officials , the governor or other state official certifies the statewide @ @ @ @ @ @ @ documents with the state 's formalized election outcomes and slate of electors .
Each state has its own timeline for certifying election results .
Here are key dates in swing states : Election officials have until Nov. 23 to finalize local results .
The secretary of state certifies statewide results on Nov. 30 .
By Nov. 10 , local election officials must provide unofficial vote tallies to the secretary of the commonwealth .
Nov. 23 is the last day for local officials to submit certified election results .
If there 's a difference @ @ @ @ @ @ @ winner and the loser , the secretary of the commonwealth must order a recount by Nov. 12 .
If at least three voters in each county allege errors or discrepancies in the count , a recount could also be triggered .
Any recount must be completed by Nov. 24 , and local election officials must submit certified recount results to the secretary of the commonwealth by Nov. 25 .
Local election officials must complete counting by Nov. 17 and send results to the secretary of state within 24 hours .
Election officials meet @ @ @ @ @ @ @ Any petitions for recount must be submitted by Nov. 25 , or within 48 hours after the end of the certification meeting .
County officials have until Nov. 17 to finalize local election tallies .
Under Wisconsin law , an `` aggrieved '' candidate can request a recount if they received within 1 % of the winner 's vote total .
The loser can file a petition for a recount no later than 5 p.m. on the first business day after the state election commission has received final results from all counties .
@ @ @ @ @ @ @ recount in Wisconsin , where NBC News has Biden projected to win .
The Trump campaign would also have to pay the state for the cost of conducting the recount .
It could total in the millions of dollars .
The Wisconsin Elections Commission must certify statewide results by Dec. 1 .
Local election officials must certify county results and send tallies to the secretary of state by Nov. 13 .
The secretary of state has until Nov. 20 to certify statewide results .
The losing candidate is allowed to request a recount @ @ @ @ @ @ @ by less than 0.5 % of the total votes .
That request can only be made to the secretary of state within two business days after the election results are certified .
Georgia Secretary of State Brad Raffensperger said Friday a recount is expected in the state , as Biden currently holds a narrow lead .
County election officials meet on Nov. 13 to finalize county tallies .
The State Board of Elections meets on Nov. 24 to certify statewide results .

When Americans cast their ballots for president on Nov. 3, they weren't voting directly for Biden or the incumbent, President Donald Trump, but rather for their state's electors. Members of the Electoral College cast their votes for president on behalf of their states. Then, Congress convenes to count the electoral votes and announce the results of the election.
Joe Biden is the president-elect of the United States, as NBC News projected Saturday, but the results of the election won't be finalized until January.
Here are the key steps in the Electoral College process between now and Inauguration Day:
In a controversial move, Trump has refused to concede the election and is mounting efforts to challenge ballot counts in multiple states, even as tabulation continues.
Local election officials tabulate votes, including any mail ballots received after Election Day in states that allow them. After local results are verified by local election officials, the governor or other state official certifies the statewide results. The governor then prepares official documents with the state's formalized election outcomes and slate of electors.
Each state has its own timeline for certifying election results. Here are key dates in swing states:
Arizona
Election officials have until Nov. 23 to finalize local results. The secretary of state certifies statewide results on Nov. 30.
Pennsylvania
By Nov. 10, local election officials must provide unofficial vote tallies to the secretary of the commonwealth. Nov. 23 is the last day for local officials to submit certified election results.
If there's a difference of 0.5% or less between the winner and the loser, the secretary of the commonwealth must order a recount by Nov. 12. If at least three voters in each county allege errors or discrepancies in the count, a recount could also be triggered. Any recount must be completed by Nov. 24, and local election officials must submit certified recount results to the secretary of the commonwealth by Nov. 25.
Michigan
Local election officials must complete counting by Nov. 17 and send results to the secretary of state within 24 hours. Election officials meet Nov. 23 to certify election results. Any petitions for recount must be submitted by Nov. 25, or within 48 hours after the end of the certification meeting.
Wisconsin
County officials have until Nov. 17 to finalize local election tallies. Under Wisconsin law, an "aggrieved" candidate can request a recount if they received within 1% of the winner's vote total. The loser can file a petition for a recount no later than 5 p.m. on the first business day after the state election commission has received final results from all counties. The Trump campaign has called for a recount in Wisconsin, where NBC News has Biden projected to win.
The Trump campaign would also have to pay the state for the cost of conducting the recount. It could total in the millions of dollars.
The Wisconsin Elections Commission must certify statewide results by Dec. 1.
Georgia
Local election officials must certify county results and send tallies to the secretary of state by Nov. 13. The secretary of state has until Nov. 20 to certify statewide results. The losing candidate is allowed to request a recount in Georgia if they lost an election by less than 0.5% of the total votes. That request can only be made to the secretary of state within two business days after the election results are certified.
Georgia Secretary of State Brad Raffensperger said Friday a recount is expected in the state, as Biden currently holds a narrow lead.
North Carolina
County election officials meet on Nov. 13 to finalize county tallies. The State Board of Elections meets on Nov. 24 to certify statewide results.


cnbc--2020-11-10--Pompeo ignores Biden's victory, claims there will be a 'smooth transition' to a second Trump term

WASHINGTON — Secretary of State Mike Pompeo on Tuesday did not acknowledge President-elect Joe Biden 's victory in the election when he was asked whether he would cooperate with the Biden administration 's transition team .
`` There will be a smooth transition to a second Trump administration , '' Pompeo said during a State Department news conference .
The State Department did n't immediately respond to CNBC 's request for a clarification of Pompeo 's remark .
`` We 're going to count all the votes , '' the nation 's top diplomat added , saying : `` The @ @ @ @ @ @ @ transition necessary to make sure that the State Department is functional today , successful today and successful when the president who 's in office on January 20 . ''
Pompeo 's comments come as the Trump campaign questions the integrity of last week 's election with a series of legal actions across battleground states .
Trump has not conceded the election to Democrat Joe Biden , who on Saturday secured more than the 270 votes needed to win the presidency .
`` We must count every legal vote , '' Pompeo said , @ @ @ @ @ @ @ right , we are in good shape . ''
Other top Trump administration officials , such as Vice President Mike Pence , have publicly insisted that the election is not over .
On Monday , Attorney General William Barr told prosecutors to look into `` substantial '' allegations of irregularities and potentially widespread voter fraud .
The Trump campaign has yet to present any evidence .
Over the weekend , leaders from around the world congratulated Biden and Vice President-elect Kamala Harris .

WASHINGTON — Secretary of State Mike Pompeo on Tuesday did not acknowledge President-elect Joe Biden's victory in the election when he was asked whether he would cooperate with the Biden administration's transition team.
"There will be a smooth transition to a second Trump administration," Pompeo said during a State Department news conference.
The State Department didn't immediately respond to CNBC's request for a clarification of Pompeo's remark.
"We're going to count all the votes," the nation's top diplomat added, saying: "The world should have every confidence that the transition necessary to make sure that the State Department is functional today, successful today and successful when the president who's in office on January 20."
Pompeo's comments come as the Trump campaign questions the integrity of last week's election with a series of legal actions across battleground states. Trump has not conceded the election to Democrat Joe Biden, who on Saturday secured more than the 270 votes needed to win the presidency.
"We must count every legal vote," Pompeo said, adding, "We will get it right, we are in good shape."
Other top Trump administration officials, such as Vice President Mike Pence, have publicly insisted that the election is not over.
On Monday, Attorney General William Barr told prosecutors to look into "substantial" allegations of irregularities and potentially widespread voter fraud. The Trump campaign has yet to present any evidence.
Over the weekend, leaders from around the world congratulated Biden and Vice President-elect Kamala Harris.