Joe Biden urges Americans to ‘bring down the temperature’; control of House remains undecided – US election live

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The possessions that Rudy Giuliani is obliged to surrender against his court-ordered $148m payment to the Georgia election workers he defamed include his $5m Upper East Side apartment, a 1980 Mercedes once owned by movie star Lauren Bacall, a shirt signed by New York Yankees legend Joe DiMaggio, dozens of luxury watches and other valuables.

Judge Liman ordered Giuliani to hand over the Mercedes by Monday, the Associated Press reports.

Liman originally scheduled a phone conference about the situation, but he changed it to a hearing in Manhattan federal court that Giuliani must attend after learning about the visit to the former mayor’s apartment.

Aaron Nathan, an attorney for the election workers, wrote in a letter to Liman that the residence was already “substantially empty” when representatives for his clients visited with a moving company official to assess the transportation and storage needs for the property Giuliani was ordered to surrender.

Liman originally scheduled a phone conference about the situation, but he changed it to a hearing in Manhattan federal court that Giuliani must attend after learning about the visit to the former mayor’s apartment. More to follow…

A combative Rudy Giuliani said a civil case to take his most prized assets was like “a political persecution” before he entered a New York courthouse earlier today to explain to a federal judge why he hasn’t surrendered his valuables by the 29 October deadline as part of a $148m defamation judgment.

The judge, Lewis Liman, ordered the former New York City mayor to report to court after lawyers for the two former Georgia election workers, Ruby Freeman and her daughter, Wandrea “Shaye” Moss, who were awarded the massive judgment, visited Giuliani’s Manhattan apartment last week to discover it had been cleared out weeks earlier, the Associated Press reports.

‘Every bit of property that they want is available, if they are entitled to it. Now, the law says they’re not entitled to a lot of them. For example, they want my grandfather’s watch, which is 150 years old. That’s a bit of an heirloom. Usually you don’t get those unless you’re involved in a political persecution. In fact, having me here today is like a political persecution,’ Giuliani told reporters as he arrived at court in Manhattan.

During the court proceeding, which lasted over an hour, a lawyer for Freeman and Moss and a lawyer for Giuliani disputed whether the longtime politican had done all he could to turn over assets. More details to follow.

The day so far

Joe Biden reflected on the defeat of his vice-president, Kamala Harris, in Tuesday’s presidential election, saying in a speech from the White House he will “ensure a peaceful and orderly transition” to Donald Trump, while calling on the country to “bring down the temperature”. Several key races remain to be called, including the presidential outcomes in swing states Arizona and Nevada (where Trump is tipped to win), Senate races in those two states plus Pennsylvania and, perhaps most importantly, control of the House. Based on analyses of election results so far, it appears that Trump won by driving out the Republican base and making gains among certain groups that typically back Democrats. But split-ticket voters stepped up for Democratic senators and a governor in swing states, reducing their losses in what was otherwise a rough election.

Here’s what else has happened today:

Trump’s sentencing in his business fraud trial scheduled for later this month? Probably not happening, Politico reports.

Gavin Newsom, the California governor and potential presidential candidate some day, called the legislature into a special session to prepare to fight Trump.

Democrats aired grievances over Harris’s election loss, with many pointing the finger at Biden and his aborted attempt at a second term.

Americans are stockpiling abortion pills as Trump’s victory seems set to put foes of the procedure into positions of power.

Harris was unable to settle on an effective message against Trump, and was hobbled from the start by Biden’s low approval ratings, a New York Times postmortem of her campaign finds.

Trump might be back, but split-ticket voters limited Democratic losses in historic election

Democrats have been described as heading for the political wilderness after voters nationwide rejected Kamala Harris on Tuesday and voted out enough of the party’s senators to return the GOP to the majority in the chamber. Donald Trump’s allies believe they are course to again control the House, though ballot counting in key races is ongoing.

But Democrats were saved from an even-worse wipeout by split-ticket voters across swing states who supported the party’s down-ballot candidates even while rejecting Harris. Consider the following races that the Associated Press has called:

North Carolina voters gave Trump 51.1% of the vote, but backed Democratic attorney Josh Stein for governor over Mark Robinson, the lieutenant-governor who once called himself a “black Nazi”.

Michigan voters broke for Trump with 49.8% of the vote, but also narrowly elected Democrat Elissa Slotkin to the Senate with 48.6% of the vote over her challenger Mike Rogers’s 48.3%.

It was a bit more comfortable for Democratic senator Tammy Baldwin in Wisconsin, a state Trump won with 49.7% of the vote. Baldwin won re-election with 49.4% support, over Republican Eric Hovde’s 48.5%.

The AP has not yet called the outcomes of the presidential or Senate races in Arizona and Nevada. Trump appears likely to win both states, though Democratic Senate candidates Ruben Gallego in Arizona and Jacky Rosen in Nevada both seem poised for victory. Jon Ralston, the authoritative Nevada political analyst, has a look at how split-ticket voters are making the difference for Rosen in that state:

The one swing state where the GOP appears to be about to gain a Senate seat is Pennsylvania. The state went to Trump, but the AP has not called its Senate race, where Democratic incumbent Bob Casey is narrowly behind his Republican challenger, David McCormick, in ballots that have been counted so far.

Newsom calls California legislature into special session to ready for Trump's return

California’s Democratic governor, Gavin Newsom, has called the legislature into a special session to the prepare the most populous state for the fight against Donald Trump’s second administration.

“The freedoms we hold dear in California are under attack – and we won’t sit idle. California has faced this challenge before, and we know how to respond. We are prepared, and we will do everything necessary to ensure Californians have the support and resources they need to thrive,” said Newsom, a rising star in the Democratic party who is viewed as having presidential ambitions.

Democrats are the strongest party in California, and control both chambers of its legislature in Sacramento. Newsom’s office said lawmakers would be asked to pass legislation that will allow the state to pursue lawsuits against the policies that Trump is expected to enact:

The special session responds to the public statements and proposals put forward by President-elect Trump and his advisors, and actions taken during his first term in office – an agenda that could erode essential freedoms and individual rights, including women’s rights and LGBTQ+ rights. A special session allows for expedited action that will best protect California and its values from attacks. The special session will begin December 2, when the Legislature convenes.

The Governor has outlined several urgent priorities to be defended in this special session by bolstering legal defenses against federal actions. The Governor’s proclamation calls for legislation to provide additional resources to the California Department of Justice and other state entities to pursue robust affirmative litigation against any unlawful actions by the incoming Trump Administration, as well as defend against federal lawsuits aimed at undermining California’s laws and policies. The funding will support the ability to immediately file litigation and seek injunctive relief against unlawful federal actions.

While Kamala Harris won the state’s 54 electoral votes and voters sent Democrat Adam Schiff to the Senate, California may also be where Democrats’ hopes of winning the House die. The state is home to several closely fought House districts, where Republicans have hung on to their seats thanks to split-ticket voters. Counting is ongoing in many of these districts, and it remains to be seen if enough Democrats can win to give the party the majority in the US House, and thus the ability to block Trump from passing legislation.

The former New York City mayor and Democratic presidential candidate Michael Bloomberg shared a few thoughts about why Kamala Harris failed in keeping Donald Trump from returning to the White House.

They come at the end of a column published by his eponymous news agency where Bloomberg lays out his policy recommendations to Trump for his second term:

Democrats, for their part, might ask themselves how exactly they lost to Trump, an ailing 78-year-old who much of the country despises. It probably wasn’t great to cover up President Joe Biden’s infirmities until they became undeniable on live TV. It wasn’t ideal that party elders replaced him with Harris, a nominee who had received no electoral votes and had failed decisively in a previous presidential run.

But for now, the country will simply need to deal with Trump, and begin to restrain his worst excesses, one more time.

Dealing with a reckless president is an exhausting job, but it can and must be done – and it’s a job for members of both parties.

If there’s any silver lining for Democrats in this election, it might be found in the House, and even then, it may not add up to much.

Control of the House has not been decided, but based on how key races are trending, the GOP is generally viewed as having a better chance at keeping its small majority than Democrats are of gaining one.

The chamber’s Democratic minority leader, Hakeem Jeffries, just released a brief statement acknowledging that reality, noting that races in a few western states where counting is still ongoing are likely to determine the majority:

Vice President Kamala Harris and Governor Tim Walz are remarkable public servants who ran an inspired and positive campaign focused on lifting people up. We look forward to our continued partnership on behalf of the American people in the next chapter of their public service journey.

Biden’s final words were a promise to keep fighting in the final weeks of his presidency, and an exhortation to his supporters to do the same.

“Together, we’ve changed America for the better. Now, we have 74 days to finish the term, our term. Let’s make every day count. That’s the responsibility we have to the American people,” he said.

“Setbacks are unavoidable, but giving up is unforgivable. We all get knocked down, but the measure of our character, as my dad would say, is how quickly we get back up. Remember, a defeat does not mean we are defeated. We lost this battle. The America of your dreams is calling for you to get back up. That’s the story of America for over 240 years and counting. It’s a story for all of us, not just some of us. The American experiment endures. We’re going to be okay, but we need to stay engaged.”

With Democrats in retreat, Biden defends 'historic presidency', acknowledges party is 'hurting'

As he wrapped up his speech, Joe Biden directed a few words at his fellow Democrats, who on Tuesday saw their candidate Kamala Harris defeated and their lawmakers lose control of the Senate.

“I know it’s a difficult time. You’re hurting. I hear you and I see you, but don’t forget, don’t forget all that we accomplished. It’s been a historic presidency, not because I’m president, because what we’ve done, what you’ve done,” Biden said.

He then appeared to defend his own policies, saying:

Much of the work we’ve done is already being felt by the American people, but the vast majority of it will not be felt … over the next 10 years … We have legislation we passed that’s just only now, just really kicking in. We’re going to see over a trillion dollars worth of infrastructure work done, changing people’s lives in rural communities and communities that are in real difficulty.

However, Donald Trump and his Republican allies in Congress could vote to undo Biden’s legislative accomplishments – something the Democratic president nodded to.

“The road ahead is clear, assuming we sustain it,” he said.

Biden says American election system 'can be trusted' and urges people to 'bring down temperature'

Nodding to Donald Trump’s baseless insistence that he fraudulently lost the 2020 election, Joe Biden said he hopes Trump’s re-election on Tuesday puts to rest doubts about the fairness of US elections.

“Something to hope we can do, no matter who you voted for, is see each other not as adversaries, but as fellow Americans. Bring down the temperature,” the president said.

“I also hope we can lay to rest the question about the integrity of the American electoral system. It is honest, it is fair, and it is transparent, and it can be trusted, win or lose.”

Biden added that, “I also hope we can restore the respect for all our election workers who busted their necks and took risks,” and likened their work to his duties in his final weeks in office.

“At the outset, we should thank them. Thank them for staffing voting sites, counting the votes, protecting the very integrity of the election. Many of them are volunteers who do it simply out of love for their country. And, as they did, as they did their duty as citizens, I will do my duty as president. I will fulfill my oath, and I will honor the constitution. On January 20, we’ll have a peaceful transfer of power here in America.”

Biden says he will 'ensure a peaceful and orderly transition' to Trump

Joe Biden says he has instructed his officials to ensure there are no hiccups in the transition to Donald Trump’s second administration.

“Yesterday, I spoke with president-elect Trump to congratulate him on his victory, and I assured him that I direct my entire administration to work with his team to ensure a peaceful and orderly transition. That’s what the American people deserve,” Biden said.

Biden speaks from White House on transition to Trump

Joe Biden has just begun speaking from the White House, where he is set to address the transition to Donald Trump’s second administration.

We’ll let you know what the outgoing president has to say.

Reporters have just been let into the Rose Garden, where Joe Biden will soon address the nation on the results of the presidential election.

There is a healthy crowd of journalists here to see Biden, who campaigned for his vice-president Kamala Harris after withdrawing from the race in July.

Joe Biden’s speech from the White House about the transition to a second Trump administration was supposed to start at 11am, but the president is late.

We will let you know when he begins talking.

Bob Casey, Democratic senator, continues to trail his Republican opponent, Dave McCormick, in Pennsylvania, but the incumbent’s campaign remains confident in his re-election.

“The count in Pennsylvania is still continuing. Yesterday, the vote margin shrunk by 50,000 votes and this race is now within half a point, the threshold for automatic recounts in Pennsylvania,” Maddy McDaniel, a spokesperson for Casey, said in a newly released statement.

“With tens of thousands more votes to be counted, we are committed to ensuring every Pennsylvanian’s vote is heard and confident that at the end of that process, senator Casey will be re-elected.”

As of this morning, Casey still trailed McCormick by about 30,000 votes.

Independent senator Angus King has won re-election in Maine, the Associated Press reports.

The victory by King, who caucuses with the Democrats, was not unexpected in a state that leans blue. The party is nonetheless in the minority in the next Congress, having lost Senate seats representing West Virginia, Ohio and Montana. Democrats may also lose another seat in Pennsylvania, though that race has not yet been called.

Politico’s morning Playbook newsletter was rife with Democrats pointing the finger at each other over Kamala Harris’s election loss.

But there was one name repeated more than many others: Joe Biden. Politico heard from several plugged-in Democrats – though note that all of them are former advisors to top politicians, not current ones – who say the president set the stage for Donald Trump’s return by pursuing re-election amid broad unpopularity, then calling his campaign off at the last moment. From Playbook:

“He shouldn’t have run,” said JIM MANLEY, a top aide to former Senate Majority Leader HARRY REID. “This is no time to pull punches or be concerned about anyone’s feelings. He and his staff have done an enormous amount of damage to this country.”

“There was a Biden weariness,” said JAMES ZOGBY, a three-decade veteran of the DNC. “And he hung on too long.”

“[Harris] ran an extraordinary campaign with a very tough hand that was handed to her,” said MARK LONGABAUGH, a former Sanders adviser. “The truth of the matter is, Biden should have stepped aside earlier and let the party put together a longer game plan.”

Trump's re-election means judge unlikely to sentence him over business fraud conviction - report

Donald Trump’s sentencing scheduled for later this month on the business fraud charges he was convicted of in New York is unlikely to happen, Politico reports.

Trump was convicted in May on 34 felony counts related to falsifying business documents, but his lawyers have managed to get his sentencing date delayed twice. Now, he’s the president-elect, and legal experts that Politico spoke to say that it’s unlikely judge Juan Merchan will go through with sentencing him on 26 November:

“I think any reasonable judge wouldn’t sentence the president-elect,” said Jill Konviser, a retired New York trial judge.

Imposing a sentence now — even a non-prison sentence like home confinement, probation or community service — would interfere with the soon-to-be president’s duties, legal experts say.

In theory, the judge who presided over the hush money trial, Justice Juan Merchan, could try to proceed with the sentencing as scheduled and order that any sentence be deferred until 2029, when Trump will complete his term. But even that would pose problems, as Trump’s lawyers are sure to argue that hauling the president-elect into a state courtroom in the middle of the presidential transition would impede the orderly transfer of power.

“His lawyers will say he’s busy with the transition and therefore he won’t show up, and they will ask that any sentencing be adjourned until after the presidency,” predicted former prosecutor Catherine Christian.