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Trump Refusing To Acknowledge Election Defeat; Key Battleground States Still Counting Votes; Pompeo Enables Trump's Denial, Won't Acknowledge Biden Win; U.S. Coronavirus Death Toll Tops 239,000 With 10 Million Cases; Justices Signal Obamacare May Survive Supreme Court Challenge. Aired 6-7p ET

Aired November 10, 2020 - 18:00   ET

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

[18:00:00]

WOLF BLITZER, CNN HOST: Biden called the president's denial of reality an embarrassment and says it is not of much consequence.

A growing number of Republicans are enabling the president's delusions right now, including the secretary of state, Mike Pompeo, who baselessly claimed that President Trump is on his way to a second term, all of this as the coronavirus pandemic grows and grows worse by the day.

More than 239,000 Americans have now died from the virus, with more than 10 million confirmed cases. But there is some real hope on the horizon.

Dr. Anthony Fauci just telling CNN that a vaccine might be widely available by the end of April.

Let's start off our coverage this hour with CNN's Jeff Zeleny. He's following the Biden transition from Wilmington, Delaware.

Jeff, the president-elect had a clear message for the nation today.

JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Wolf, he absolutely did.

And just a short time ago, his lawyers had a clear message for the Trump legal team. They said all of this talk of fraud and recounts are simply noise, not law. They dismissed it as theatrics.

Now, all of that came as we saw Joe Biden as we have not seen him before after winning this. He had a smile on his face and confidence in his voice, as he said Republicans are simply intimidated by President Trump.

(BEGIN VIDEOTAPE)

ZELENY (voice-over): President-elect Joe Biden moving forward tonight to build his new administration, even as President Trump and Republicans try complicating his transition to power.

JOE BIDEN (D), PRESIDENT-ELECT OF THE UNITED STATES: I just think it is an embarrassment, quite frankly. How can I say this tactfully? I think it will not help the president's legacy.

ZELENY: Seventy-one days to inauguration, reality is settling in that Biden is facing new roadblocks, as the Trump administration refuses to cooperate with the time-honored tradition of peaceful transition, but Biden also taking pains to cool the temperature, saying he could still begin forming a government without access to federal funding or intelligence briefings.

He downplayed the possibility of taking legal action.

BIDEN: We can get through without the funding. We're in a position that we feel very good about our -- there's nothing that slows up our efforts to put things together.

ZELENY: At his first news conference since the election, Biden playfully smiled at the Republican resistance.

(on camera): Have you spoken to your long-time friend in the Senate Mr. McConnell? And what do you make of his specific comments over the last 24 hours?

BIDEN: I haven't had a chance to speak to Mitch. My expectation is that I will do that not-too-distant future. I think that the whole Republican Party has been put in a position, with a few notable exceptions, of being mildly intimidated by the sitting president.

ZELENY (voice-over): Yet world leaders are moving on. British Prime Minister Boris Johnson, a longtime Trump ally and admirer, offering his congratulations in a call to Biden, as did French President Emmanuel Macron and German Chancellor Angela Merkel.

BIDEN: I'm letting them know that America is back. We're going to be back in the game. It is not American alone.

ZELENY: Biden sought to keep the spotlight on policy, namely protecting the Affordable Care Act, the landmark law that was under the microscope during Supreme Court oral arguments today.

BIDEN: We're going to fight for your family's health coverage the same way we fight for our own families' health coverage.

ZELENY: The turmoil is even more telling, considering this day in history. It was four years ago that Biden met with vice president- elect Mike Pence.

A week after Election Day, Biden struck an optimistic tone, still insisting he can unite the country.

BIDEN: I am not a pessimist, as you know.

ZELENY: And for those Republicans who haven't come to terms with the election, Biden had this to say:

BIDEN: They will. They will.

(END VIDEOTAPE) ZELENY: And that smile on Mr. Biden's face there, Wolf, really said it all.

At his first news conference he held since the election, he was clearly confident about this and he does believe Republicans will eventually come along. Now, he was also trying to intentionally play it cool, not to get worked up by anything going on, because, of course, President Trump, one of the biggest things he was so -- always so concerned about, the delegitimization of his election.

So, Joe Biden doesn't want to play into that. He was confident and strong in that press conference. Wolf, we expect more announcements to be made here later this week about senior staff, even the chief of staff in the new White House -- Wolf.

BLITZER: Yes, they're moving ahead and moving ahead quickly, irrespective of what the president and his supporters are saying and doing.

All right, thanks very much for that, Jeff Zeleny in Wilmington.

Let's go to our chief White House correspondent, Jim Acosta, right now.

Jim, the Trump administration is moving ahead under the false and really ridiculous notion that the president won a second term.

Tell us more about that.

JIM ACOSTA, CNN CHIEF WHITE HOUSE CORRESPONDENT: That's right, Wolf.

Republicans are rallying behind President Trump tonight, as he refuses to concede the election to Joe Biden. As foreign leaders are phoning president-elect Biden to congratulate him, Secretary of State Mike Pompeo told reporters today that there would be a smooth transition to a second Trump administration.

[18:05:12]

On top of that, the White House's Office of Management and Budget is continuing to tell agencies to prepare their upcoming budget proposals as if nothing is changing.

The one state the president is on the verge of clinching tonight, the state of denial.

(BEGIN VIDEOTAPE)

ACOSTA (voice-over): President Trump and his GOP allies are steering the 2020 election into something out of the dystopian world of "1984," ignoring last week's results and pretending somehow they won.

MIKE POMPEO, U.S. SECRETARY OF STATE: There will be a smooth transition to a second Trump administration. All right. We're ready. The world is watching what's taking place. ACOSTA: Secretary of State Mike Pompeo snapped at reporters who asked

about the message being sent to the world, as the GOP refuses to accept reality.

POMPEO: That's ridiculous, and you know that's ridiculous, and you asked it because it is ridiculous.

ACOSTA: President-elect Joe Biden tried to laugh it off.

BIDEN: There's no evidence of any of the assertions made by the president or Secretary of State Pompeo.

(LAUGHTER)

ACOSTA: Vice President Mike Pence met behind closed doors with GOP senators, as the president sent out a message of defiance from his social media bunker, tweeting: "We will win," though Mr. Trump has yet to face reporters since last Thursday.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Thank you very much.

ACOSTA (on camera): Are you being a sore loser?

(voice-over): The president has dug in with outright support of GOP senators.

QUESTION: Senator, have you congratulated Vice President Biden yet?

SEN. RON JOHNSON (R-WI): No.

QUESTION: Why not?

JOHNSON: There's nothing to congratulate him about.

ACOSTA: Who are backing Mr. Trump's legal odyssey, in search of some kind of voter fraud case capable of upending the election's outcome, even as the president's campaign has yet to prove anything is amiss.

SEN. ROY BLUNT (R-MO): The president wasn't defeated by huge numbers. In fact, he may not have been defeated at all.

ACOSTA: Senate Majority Leader Mitch McConnell says there's nothing wrong with that.

SEN. MITCH MCCONNELL (R-KY): Until the Electoral College votes, anyone who is running for office can exhaust concerns about counting in any court of appropriate jurisdiction. It is not unusual. It should not be alarming.

ACOSTA: A key sideshow in the transition turmoil, Georgia's Republican senators have called on their state's secretary of state to resign after Biden's potential victory there.

But here's the deal. Those two senators are still fighting for reelection, and alienating the president could upset his base of supporters. SEN. CHUCK SCHUMER (D-NY): Two Republican members of the chamber

called on their own secretary of state, a fellow Republican, to resign, for no other apparent reason than the fact that President Trump did not win their state.

ACOSTA: Despite the GOP's antics, the rest of the world appears to be moving on, leaders from U.S. allies Britain, France, Germany, Canada, and Turkey congratulating Biden.

Some administration officials are refusing to go on with the president's farce. Attorney General William Barr's call on prosecutors to investigate voter fraud prompted one senior Justice Department official to resign, saying in a statement: "Having familiarized myself with the new policy and its ramifications, I must regretfully resigned from my role as director of the election crimes branch."

The president's son Don Jr. and his girlfriend Kimberly Guilfoyle have another hostile takeover on their minds, as GOP sources tell CNN they may have their sights on leadership roles at the Republican National Committee, something Don Jr. denied, but it's a scenario that has some in the party cringing.

KIMBERLY GUILFOYLE, TRUMP CAMPAIGN OFFICIAL: Ladies and gentlemen, leaders and fighters for freedom and liberty and the American dream, the best is yet to come!

(END VIDEO CLIP)

ACOSTA: And, privately, Trump advisers are wincing at the idea of the president pursuing these challenges to last week's election results.

One adviser told me -- quote -- "Not sure why the president wants a recount. It's like he wants to lose twice."

But the White House is taking note of who is standing with the president as he digs in his heels right now. If the president wants to run again in 2024 -- and many in the party expect that to happen -- the Trump team is taking note of who is passing the loyalty test these days, Wolf, and who is not.

This may not be the Republican Party kissing off democracy tonight, Wolf, more like kissing the ring -- Wolf.

BLITZER: All right, Jim Acosta, thank you very much.

Let's get some analysis from CNN's Abby Phillip and the former Republican Governor of Ohio John Kasich.

Abby, I want to consider the extraordinary developments we're all witnessing right now, the president of the United States still refusing to concede, his secretary of state questioning our democracy, the White House Budget Office proceeding as if Mr. Trump won.

Give us a sense, Abby, of just how extraordinary all of this is.

ABBY PHILLIP, CNN POLITICAL CORRESPONDENT: Well, I think, Wolf, a couple of months ago, when you would ask Republicans on Capitol Hill or in Washington what they would do if President Trump refused to accept the results of the election, they dismissed that idea as completely outlandish. They said it would never happen.

[18:10:07]

And now it's happening. Not only is he rejecting the results of the election, but Joe Biden is on track to have a larger margin of victory in the key states than Trump did four years ago. And even still, Republicans on Capitol Hill are suggesting that that is likely to be overturned, which it is not.

So I think that this is beyond just denial or placating the president. At this point, they are taking risks with a really long tradition in this country of people walking away from power, ceding the stage when they have lost and when the people have spoken.

And I think Republicans think that they can do this just to gin up the president's base, but the risk is that there is long-term damage to our democratic system, I think.

BLITZER: Yes, it's a huge risk.

Governor Kasich, the president -- the president-elect right now -- we're talking about Joe Biden -- seems largely unfazed by the Trump administration's efforts to stall his progress, stall the transition. Biden says Trump's failure to concede is simply an embarrassment.

Do you agree with the president-elect?

JOHN KASICH, CNN SENIOR POLITICAL COMMENTATOR: Yes, I think it is an embarrassment. I think it's ridiculous.

And I just -- I can't believe what these Republicans are doing, Wolf. It just doesn't make any sense. I mean, if you just think about Pennsylvania, where I think you're going to find that Biden is going to win that by more than 50,000, maybe even approaching 100,000, and he clearly -- he went gangbusters in Michigan and Wisconsin.

I don't know what they're doing, other than maybe trying to avoid angering Trump's base. And I hear this theory about, well, they may not want to do anything before the January 5 situation down in Georgia, the double elections, but I don't think that holds water.

I think it may be somewhat of a fear that, if they don't stand up and fight -- because if you read some of the stories about Trump's base, they're still saying, oh, no, no, this is not over, and Trump's won.

And so I think they're just doing a damage, not just to the whole process here in the country. It's probably damaging the Republican Party, because some people are going to look at this and say, it's ridiculous. When it's over, it's over.

BLITZER: Yes, that's absolutely true.

Abby, Biden simply laughed off Secretary of State Pompeo's comment that President Trump will serve a second term. But while Biden may not be entertaining that comment at all, it does carry some weight, especially when you hear it from the secretary of state.

And leaders around the world, people all over the world are hearing what he's saying.

PHILLIP: Yes, I mean, this is the extraordinary thing. The secretary of state is typically the person who is in the position of urging other governments to act in a democratic fashion, urging other foreign leaders to adhere to the results of the election and step aside, so that a new government can come in.

And now you have the secretary of state, saying that, despite what the voters have said, based on the votes that we have, he himself does not accept that result, and that they are going to plan for a second Trump term?

I mean, it really undermines the confidence in the United States and the leadership that the United States has around the world. I mean, even last week, the State Department was sending out statements about elections in other countries, even while the president was spreading conspiracy theories about our own elections.

So, yes, I mean, I think the other risk here that we have been -- as we have been discussing, there's some -- there's damage to American democracy, but there's also damage to America's standing in the world as a leader, a leading democracy in the world.

BLITZER: Governor Kasich, I was thinking of what the secretary of state, Mike Pompeo, said, that there will be a smooth transition to a second Trump administration.

KASICH: Yes. I watched it.

BLITZER: Well, there could be a smooth transition to a second Trump administration if Trump decides to run again in 2024, and he actually wins. Then there would be, presumably, a smooth transition to a second Trump administration.

But it's not going to happen now. We'd have to wait at least four years to -- for that to happen. Do you think he potentially will run again in 2024?

KASICH: One thing we know about Donald Trump is trying to predict what he will do is unpredictable.

But I think, over time, he probably will become bored. He may try to be a force in the party in some way, talk about having a PAC, and probably he's got a lot of Twitter followers. And he may use that to put himself in a position of authority. But running again, I really don't see that.

In terms of the secretary of state, he knows better than what he's saying. And maybe he's running for president. You ever think about that, Wolf, in 2024?

[18:15:00]

So, when Trump moves away, he will say, well, my man is Pompeo, because look how he stuck with me, because it's this loyalty, this loyalty thing you have to give.

And that's really frustrating for me, because I think, when you're elected, you're elected to serve the country, not a person and not a political party.

But, Wolf, we have seen this before. We have seen this kind of chaos actually before in our country. And you might remember, when you covered that race between Thomas Jefferson and Aaron Burr, and it went 36 ballots in the House of Representatives. You remember that, Wolf.

BLITZER: Yes, Abby was there with -- Abby was there with me every step of the way. We were watching.

PHILLIP: I was there as well.

(CROSSTALK)

KASICH: It's not -- this -- this is really just ridiculous.

And one of the Republicans I talked to today said, look, they're going to give him a week and then they will shut it down.

I'm not so sure, because this is just not healthy for anything, for the party, for the country, for the way people see us around the world. I was on the phone with an ambassador today, wanted to talk to me about where things are headed, but no question about whether Trump is going to -- was defeated or not. I think people know better.

And, by the way, last thing. Joe Biden laughs it off. But I got to tell you, his staff is not laughing about this. And I know this, because, when people said things about me, and I sort of laughed it off, my staff registered every comment and understood what was going on.

So, this is not -- this is not a game.

BLITZER: No, this is a serious business, indeed.

Governor Kasich, Abby, guys, thank you very, very much.

Just ahead, I will speak with a Republican election lawyer who says there is no -- repeat -- no evidence of widespread voter fraud, despite top members of his party enabling President Trump's denial of his election loss.

And, later, Dr. Anthony Fauci now says a coronavirus vaccine could be widely available by the end of April, but warns the pandemic could get much worse in the months ahead.

We will be right back.

(COMMERCIAL BREAK) [18:21:07]

BLITZER: As most top Republicans enabled President Trump's denial over his election loss, some members of his party are, in fact, pushing back.

Joining us now is one of those Republicans, election lawyer Ben Ginsberg. He is a CNN contributor as well.

Ben, thanks so much for joining us.

As you know, attorneys for the Biden campaign -- Biden transition, I should say now -- say the onslaught of Trump legal cases and accusations it's simply theater. They're saying it's theatrics, not really lawsuits.

Do you agree? Is there any legitimacy to President Trump's many legal arguments or claims?

BEN GINSBERG, CNN CONTRIBUTOR: To win the cases, Wolf, they have got to put enough results into play to change the outcome of the election in individual states.

And in none of the suits that they have filed so far around the country are they anywhere close to doing that in any state.

BLITZER: Just look at the president-elect's margin of victory. Even in the closest states right now, he's leading by thousands of votes. Even if the president were successful in every one of those lawsuits, would that flip a single state and get 10,000, 20,000 votes changed in the president's favor, let alone the multiple states he would actually need to win?

GINSBERG: Well, not with the evidence that they have presented so far. And evidence is the reality of the court cases.

He's also filing for recounts. And recounts at most will flip a few hundred votes, nothing like the margins they would have to make up in any of these states.

BLITZER: Because you have done those recounts yourself over these many, many years.

GINSBERG: I have.

BLITZER: The president is refusing to concede. He has the power of the presidency, as we all know, behind him.

But, today, Biden said he doesn't think he will need to take legal action to get the formal transition process under way. Do you agree?

GINSBERG: I do agree, having done transitions.

I think, on the funding part of things, that there are other vehicles available, including excess campaign funds. So I doubt if the resources is a problem. To the extent that there's an impediment in the president-elect's

path, it's being able to talk to the departments and agencies to get a status report of where things are in those departments and agencies or to see what future plans may be.

And that can hurt in a transition, especially in the national security area.

BLITZER: Look at all the Republicans senators, Ben, who are refusing to acknowledge reality the president-elect's victory.

What's your message to your fellow Republicans tonight?

GINSBERG: Well, I think you do have to pay attention to the evidence.

But the process is also important too. So, if the Trump campaign wants to take advantage of what is provided in state law for recounts and contests, they ought to be able to do that. But there will come a time when election results in the state should be certified under state law.

And seeing how a case develops is not unreasonable at this point. Remember that Hillary Clinton's campaign intervened in Jill Stein's pretty hapless recounts in Wisconsin, Pennsylvania and Michigan on November 26, 2016.

So, the process has been elongated in other elections. And that's perfectly OK. But you do have to deal with the evidence as it's been presented. And the Trump campaign is a long way from nowhere right now.

BLITZER: Yes, you're absolutely right.

Ben Ginsberg, thanks so much for joining us.

Just ahead, Congressman Adam Schiff is standing by to join us live here in THE SITUATION ROOM. I will ask him about the national security threat posed by the president's refusal to accept the results of the election.

Plus, we will bring you an update on the surging coronavirus pandemic, which has now killed more than 239,000 Americans.

[18:25:05]

But Dr. Anthony Fauci is offering Americans some new hope that a widely available vaccine could be available potentially by the end of April.

We will be right back.

(COMMERCIAL BREAK)

BLITZER: They're still counting votes in two key battleground states. We're talking about Georgia and Arizona.

[18:30:01]

Meanwhile, Biden's lead in Pennsylvania, a state already, we projected, he's won is growing right now. Let's get an update from our Senior Political Analyst, Mark Preston.

Mark, the votes are still coming in. So, update our viewers on the latest.

MARK PRESTON, CNN SENIOR POLITICAL ANALYST: Well, Wolf, first of all, let's go to Arizona. This is a state that Democrats have not won since 1996. Both candidates have received more than 1.6 million votes. Joe Biden has the lead with 14,733.

We expect right now that there are about 60,000 votes that still need to be counted in the state of Arizona. As far as recount law goes, it is almost impossible, less than 200 votes, or 1/10 of 1 percent is what would trigger a recount. But that doesn't quite is going to happen in Arizona.

Let's go over to Pennsylvania, as we had noted, a state that we have called. Right now, both candidates, you see both received 3.3 million votes. The problem is that Joe Biden has received 47,000 more votes than Donald Trump. We expect that number to increase in the coming days.

And then let's go down to Georgia, which is really going to be the epicenter of the political universe up into January 5th. As you can see, both candidates received 2.4 million votes right there. Joe Biden's edge though is about 12,000 plus votes right now. And that is slowly growing down there.

Now, the Trump campaign is asked for a hand recount of all votes. We'll see if that happens. But at this point now, Wolf, Joe Biden seems to be in pretty good positioning in the state of Georgia.

BLITZER: If he wins all those states, 306 electoral votes, which is impressive. You need 270.

Very quickly, staying in Georgia, Mark, what's the latest on the two runoff races that will ultimately determine who controls the U.S. Senate?

PRESTON: Well, Wolf, you know, we're starting to see the evidence of GOP infighting. We're seeing that right now down in the state of Georgia, that's because there are two Senate races on the line. Control of the Senate majority will be decided very likely on January 5th.

You see David Perdue, this is for a six-year term right now. He needs to get above 50 percent, David Perdue, the incumbent, in order to win another term. And looks like he has fallen shy of that, and that would go to a runoff for a six-year term against Jon Ossoff.

And then, the other race now is for a two-year term between Kelly Loeffler and Raphael Warnock, the two top vote getters. This is to replace the remaining term for Senator Johnny Isakson, who decided to leave.

Now, Wolf, I do have to tell you very quickly. I was told upwards of $200 million could be going into Georgia for both of these races, a $100 million on each side.

BLITZER: Yes, not surprising. All right, thanks very much, Mark, for that.

Let's bring in Democratic Congressman Adam Schiff of California. He's the Chairman of House Intelligence Committee. Congressman, thanks so much for joining us.

As you well know, everybody knows, the president still refusing to concede, the secretary of state, Mike Pompeo is saying, and I am quoting now, there will be a smooth transition to a second Trump administration, Trump administration. The president fired the defense secretary by tweet.

How worried are you -- and you're chairman of the Intelligence Committee -- how worried are you that all of this could potentially could imperil our national security?

REP. ADAM SCHIFF (D-CA): Wolf, it is a real concern in any way you look at it. And we don't know what will take place in the next two months. It could be very smooth in terms of foreign policy or national security threats or we could have a real crisis.

If, for example, and this is completely hypothetical, but let's say that the North Koreans decided they want to send the new president a message, once Joe Biden is sworn in, by testing a new intercontinental ballistic missile, if the current intelligence community sees that coming and isn't able to advise the president-elect in advance, then he doesn't have the chance to prepare, his team doesn't have the chance to prepare that they should otherwise.

But, look, I think the president-elect set the right tone today, one of confidence. We'll get through this. The president is basically doing what we all expected him to do, which is not concede and make false claims of fraud. You know, what's really troubling and disappointing but also, again, not surprising, is how many people like Mitch McConnell and Secretary Pompeo and others are going along with this charade which nearly drags us down in the estimation of the world.

BLITZER: Yes. That's an important point. There is still a lot of fear out there right now as well, Congressman, that FBI Director Wray and CIA Director Haspel potentially could be next on the president's chopping block. CNN has learned the president is frustrated with Haspel, thinks she delayed the release of certain classified documents. What can you tell us about this?

SCHIFF: Well, this is a real concern. The president is more than capable of further bloodletting. I think we have to anticipate it. And, again, the combination of not allowing the transition team to have access to classified briefings, to be fully prepared, and at the same time removing people from their positions at top, either the intelligence community or the Pentagon or the FBI, leaves the country unprepared if things happen in the next two months.

[18:35:11]

We have to hope and pray they don't.

But nonetheless, this is, once again, Donald Trump doing what he's always done, which is care nothing about the national interest, only about his personal interests, and right now, he is feeling aggrieved. He's been denied a second term. He's one of few presidents in history to be denied a second term. And he is reacting in a way that a child would react, but that child is the president of the United States.

BLITZER: The fact that they are denying the president-elect access to the president's daily intelligence briefing, the PDB, as it's called, what do you make of that? Because, normally, as soon as there's a president-elect, that president-elect is fully briefed by the CIA, the National Security Council, they work closely to make sure that president will be fully prepared on January 20th.

SCHIFF: Well, that's exactly right. That's what should be happening. We are really fortunate though if that's not going to happen to have someone with the kind of experience that Joe Biden has with decades of experience in foreign policy and national security. If this were a different kind of a president, indeed, if it were Donald Trump in his first term, it would be a far graver situation because he came in with no experience. Joe Biden comes in with literally a world of experience.

It's still -- look, it's still far from ideal, but if there's anyone who can, you know, hit the ground running when he's sworn, and if that needs to be the case, it's Joe Biden.

BLITZER: And he does have among his inner circle a lot of officials who serve with him during the eight years of the Obama administration. They have a wealth of national security experience, international affairs experience. They clearly know all these issues.

Very quickly before I let you go, Congressman, as you know, Senator Kamala Harris, she's going to be the Vice President of the United States. There's going to have to be a new Senator from California. Are you interested in that job?

SCHIFF: Well, I would press to find any house member that's not interested in that job, but I think the governor has got a real hard choice, a lot of great candidates. I have every confidence he will make a terrific decision and I don't envy how hard that's going to be.

BLITZER: A tough decision. What about serving in the Biden administration? Would you like to have a cabinet position, for example?

SCHIFF: You know, I think the president-elect is likewise going to have a lot of great people to choose from. And I'm very confident that he and his team will pick a superb cabinet.

BLITZER: I didn't hear a yes or no. But I will leave it at that. Congressman Adam Schiff, the Chairman of the Intelligence Committee, thanks, as usual, for joining us.

SCHIFF: Thank you, Wolf.

BLITZER: All right, just ahead, the latest on the coronavirus pandemic as cases surge across most of the United States right now and hospitalizations are hitting record levels.

(COMMERCIAL BREAK)

[18:35:00]

BLITZER: The breaking news. The U.S. coronavirus death toll now topping 239,000 people, and more than 10 million Americans have been infected as no state is trending in the right direction right now.

CNN's Nick Watt is in Los Angeles with the latest.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: I'm going to ask you a few questions.

NICK WATT, CNN CORRESPONDENT: While the virus runs rampant across the country, some promising news out of the lab. Pfizer's vaccine might even start rolling out within weeks.

ALEX AZAR, HEALTH AND HUMAN SERVICES SECRETARY: We have anticipated that we will have enough vaccine by end of December to have vaccinated our most vulnerable citizens.

WATT: And the rest of us?

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: I think you're going to get vaccinated within the first four months. I would say, by April you'll be able to be vaccinated.

WATT: And an antibody treatment from Eli Lilly just landed FDA emergency use authorization. Limited rollout begins this week.

DAVID RICKS, CEO, ELI LILLY: Potentially, in nursing homes, in outpatient centers, or even popup facilities.

WATT: This drug, similar to one used to treat the president, mimics the body's immune response, reducing the severity of symptoms in sufferers.

RICKS: This will help reduce hospitalizations.

WATT: And in just a week, COVID hospitalizations nationwide have climbed, nearly a quarter, now at record highs in 17 states, Idaho among them.

DR. JOSHUA KERN, VICE PRESIDENT OF MEDICAL AFFAIRS, ST. LUKE'S MAGIC VALLEY, JEROME AND WOOD RIVER: We have gotten to the point where we haven't turned patients away, but then required to transfer them to a sister hospital in Boise where they do still have some capacity. WATT: And in just one week, nationwide, the average daily case count has soared 42 percent, stands at nearly 120,000, never been higher. In South Dakota, more than half of tests are come back positive, ten times where states aim to be.

DR. JEROME ADAMS, U.S. SURGEON GENERAL: You don't have a mask mandate here, but what I would say to the people of South Dakota is you really shouldn't need a mandate to do the right thing.

WATT: In Nebraska, a brand-new partial mask mandate kicks in tomorrow, if you're playing pool in a bar, for example, you now have got to wear one.

GOV. PETE RICKETTS (R-NE): Folks, this is serious. September 23rd, we have about 200 people in the hospital, now we've got nearly 800 in the hospital.

[18:45:02]

WATT: The governor himself quarantining after dining outdoors with someone Sunday who tested positive Monday. Texas, about to become the first state to pass one million confirmed cases.

In El Paso, one in 30 people has the virus right now. Six more trucks already deployed in the city, four more requested.

GOV. MARK MCCLELLAN, FORMER FDA COMMISSIONER: We've got some hard work to do before vaccines make a difference in the next few months.

(END VIDEOTAPE)

WATT: Now, the news on the vaccine from Pfizer is great. Do not get me wrong. But it is going to take some time and there are some challenges ahead. This vaccine requires two doses. You have to store it at minus 103 degrees Fahrenheit, and also the immunity it provides, we still don't know how long that will last -- Wolf.

BLITZER: Lots of work still to do.

Nick Watt reporting for us, thank you.

Just ahead, the U.S. Supreme Court showing signs it may uphold Obamacare. I will speak with former Health and Human Services Secretary Kathleen Sebelius about the future of the law. That's next.

(COMMERCIAL BREAK)

[18:50:55]

BLITZER: The future of Obamacare is once again in the hands of the U.S. Supreme Court after today's legal challenges, but several of the justices appeared to signal during oral arguments today that key parts of the law will, in fact, survive even if others potentially are struck down.

Let's discuss with the former secretary of health and human services, Kathleen Sebelius.

Madam Secretary, thanks so much for joining us.

You watch this closely. You saw what was going on. You heard about it, at least.

How do you interpret what we heard in these oral arguments?

KATHLEEN SEBELIUS, FORMER SECRETARY OF HEALTH AND HUMAN SERVICES: Wolf, thanks for having me.

I think once again, Don Verrilli, who was the solicitor general when I was the secretary and defended the Affordable Care Act against the first constitutional challenge, again was in court today defending the constitutionality of the Affordable Care Act. And I think the questions from a number of justices, Justice Roberts and Kavanaugh particularly, indicated that they're pretty skeptical about the Trump administration position, along with some Republican attorneys general that the entire law should be struck down, even if a portion of it is found to be unconstitutional.

They seem to feel that that was a bridge way too far. And that would certainly come as a relief to the over 20 million people who rely on the Affordable Care Act for their health care, as well as states across this country who've expanded Medicaid.

BLITZER: Yeah, as you point out, the chief justice, John Roberts, said and I'm quoting him now, it's not our job to strike down the entire law. Justice Kavanaugh, as you point out, he said, in his words, he tends to agree that even if some parts are invalidated, others would stand.

When you heard that, did you breathe a sigh of relief?

SEBELIUS: Well, I know enough about the court to know nothing is over until it's over. I think people will be on pins and needles until the decision is rendered, which could come as late as next June.

In the meantime, we're in the middle of open enrollment period, so I hope people across this country don't hesitate to sign up for health care under the Affordable Care Act. About 85 percent of the people who are buying their own insurance qualify for a substantial government incentive, tax credit to help purchase that coverage.

So, please don't let the court argument stop people from actually purchasing the health care that they need and covering themselves and their family. I think that it would be shocking if the Supreme Court did what Congress clearly did not do. Congress left in place the entire Affordable Care Act when they zeroed out the individual mandate. That was in 2017. And the law has survived very well since then for almost 2 1/2 years.

So, to make the argument now that if the individual mandate is gone, the whole law has to be struck down, and it's something that Congress did not do, would be, again, a very unprecedented act by the Supreme Court. But the Trump administration said to the court, in a very unprecedented way, this is a 10-year-old law. We're not going to defend the law. In fact, we're going to tell you to strike the whole thing down.

So, I am waiting with baited breath to see what happens. But millions of people's lives literally depend on this decision. And I'm hopeful that the justices will indeed follow the much more prudent and expected course, to say even if a portion of the law is found unconstitutional, the rest of the law should be severed and should stand.

BLITZER: Yeah, because Chief Justice Roberts and Justice Kavanaugh, if you add them with the three more liberal justices, that's five right there. That's enough to avoid striking down the entire Affordable Care Act. We'll see what happens.

SEBELIUS: That's right.

BLITZER: We're not going to know for sure, as you correctly point out, until next year, we may be as late as June. We'll watch all of this because the stakes are enormous.

Secretary Sebelius, thanks so much for joining us.

SEBELIUS: Always good to be with you.

[18:55:00]

BLITZER: Thank you.

We'll have much more news, right after this.

(COMMERCIAL BREAK)

BLITZER: Finally, our nightly tribute to victims of the coronavirus pandemic.

Donna Mitchell of California was 71 years old. She was a talented baker and a voracious reader. Her niece describes her as the heart soul of her family.

Sheldon Polan of New York was 92, the World War II veteran who volunteered at the veterans home. His daughter says he was an extraordinary grandfather and great-grandfather, who had so much left to give.

May they rest in peace, and may their memories be a blessing.

Thanks very much for watching. Follow me on Twitter and Instagram @WolfBlitzer. Tweet the show @CNNSitRoom.

"ERIN BURNETT OUTFRONT" starts right now. .