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tv   Americas Newsroom With Bill Hemmer and Martha Mac Callum  FOX News  October 31, 2016 6:00am-8:01am PDT

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email us at fox news.com or tweet us. we can't wait to put them on our facebook page. >> after the show show, we'll talk to megan about making this amazing costume for bill: so here we now enter the final full week of the presidential election, and it begins with hillary clinton again on the defensive over those e-mails. after the fbi director, james comey, delivered an explosive october surprise on friday afternoon. his agency is looking into potentially hundreds of thousands of newly-discovered e-mails as we say good morning. it's a trick or it's a treat, it is what it is for now, as we go through this today on a monday, i'm bill hemmer. welcome into "america's newsroom." martha: happy halloween. trick or treat is right. good morning, everybody, i'm martha maccallum, this news sent shock waves across washington and turned this election season on its head. at the center of it all, longtime hillary clinton aide
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huma abedin and and her estranged husband -- unbelievable that this name worked its way into this story -- former congressman anthony weiner. agents investigating him for allegedly sexting a 15-year-old came across a laptop that he had shared with his wife, huma abedin. but fbi director james comey wasn't fully briefed about the existence of these e-mails until must've later -- much later, on october 27th. bill: we are told as many as 650,000 e-mail messages might be involved. the fbi obtaining a warrant to dig into those e-mails even further. however, it is not clear how many of those e-mails, if any, relate to the clinton case. it is also not clear whether they're entirely new e-mails or just copies of e-mails the fbi has seen already. martha: reaction has been swift, as you would imagine, from both campaigns. trump seizing on the news while the clinton campaign is demanding an explanation. >> director comey owes it to the
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american people, releasing this just a matter of days before the election to provide all the information. that's what we're asking, just get all of it out there, and the voters or can judge for themselves. >> how do you get to 650 -- i think that's called the mother load. i think they found them all. how do you have that many e-mails? what do you do, sit down all day and just keep typing? no wonder nothing gets done in our country. this is the single biggest scandal since watergate. bill: so fox team coverage begins our morning. mike emanuel's with the clinton team, byron york standing by for analysis, but we start with chief intelligence correspondent catherine herridge working this story since it broke on friday and through the weekend. at 9:00 this morning, where do we stand now? >> reporter: bill, a government source confirms the metadata has turned up positive hits for the clinton e-mails, like the address on a letter. you know who it's to and from
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but not the content. meantime, an intelligence source told fox late yesterday it is, quote, a virtual certainty that new records are on the computer and likely contain classified information. it was the sheer volume of data that drove the decision to reboot the e-mail case. as new york fbi investigators began sifting through wiener's computer records in early october, they found e-mails from huma abedin which did not seem surprising since both abedin and wiener had access to the laptop. the new york fbi team had to get new authorizations to do a deeper dive on the metadata, and that is when the hits linked to the clinton account, and they were uncovered. abedin told the fbi she sent state department e-mails to her personal yahoo! account where it was easier to print, and in june abedin swore under oath that she looked through all her devices that could hold government e-mails, that claim is now in doubt. meantime last night on "special report" the republican chairman
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of the benghazi select committee which first uncovered the private account said the fbi director is not to blame for the box that he's in. >> jim comey's not responsible for a single one of the facts at hand. he didn't tell her to use a private server, and god knows he didn't tell anthony weiner to send sexually-explicit texts to allegedly underage people. >> reporter: given the sheer volume of records are, law enforcement sources have told us consistently since the end of last week that they have no expectation that a thorough review can be complete before election day, bill. bill: all right. so now what are we learning about the clinton foundation investigation through all this? >> reporter: well, bill, in january fox news first reported as part of its ongoing investigation of the clinton e-mails that the e-mail case itself had expanded to public corruption and the clinton foundation and the intersection of the charity's work and government contracts amounted to pay for play. and over the weekend a former fbi executive told cnn that
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despite what the justice department had told reporters, these investigations had not been shut down and that the fbi agents involved had continued to pursue these leads. but yesterday "the wall street journal" reported that the justice department had been tapping the brakes on these cases, and in the summer it came to a head when justice learned that the fbi agents were still pursuing public corruption leads. justice department leadership was, to say the least, beyond upset, bill. bill: you just heard from congressman gowdy there a moment ago, he will join us live, and we'll get his reaction as to where the story goes from here. martha: looking forward to that. meanwhile, the clinton team is demanding the release of all the information related to the fbi's investigation. senior political correspondent mike emanuel live in white plains, new york, today. mike, what's the mood at the clinton team right now? >> reporter: martha, stressed, mad, worried. this was a political earthquake on an issue that has troubled the clinton campaign from the very beginning.
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hillary clinton's private e-mail server, they thought it was over this summer, and now it's back. in florida yesterday clinton made reference to dealing with adversity. >> no matter what is thrown our way, we are not going to back down, we are not going to give up. we're going to reject anyone who try ares to drag us -- tries to drag us backwards. and we are going to remember that if god loves us all, we are commanded to try to love each other. >> reporter: the strategy at this point seems to be putting massive pressure on fbi director james comey to at least give the appearance that they are not worried about what is in those e-mails. martha? martha: so how big of a change would you say you're picking up on in terms of the way they felt about things last week and today, mike? >> reporter: martha, it's been a stunning shift. there was talk at the highest levels of the campaign last week about overconfidence, but hillary clinton, the democratic nominee, and her team were feeling great with. they were reading the polls, and
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they felt like they were in a great spot. she brought back birthday cake to reporters at one point last week with. she even took a question about after the election. >> i certainly intend to reach out to republicans and independents, the elected leadership of the congress which you mentioned. i'm going to be doing everything i can to reach out to people who didn't vote for me. >> reporter: so today we'll be back on the plane heading for battleground ohio to try to continue normal activities with this clinton campaign uncertain of the impact of this fbi probe, martha. martha: mike, thanks. bill: byron york, chief political correspondent washington examiner and fox news contributor. byron are, you've been watching and reading for three days, as we all have. what does this mean right now based on what we mow? >> well, this is a huge, new, totally unpredictable factor in this race. we knew that the race was actually tightening before director comey's revelation on
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friday. go back to about the time of the last debate, about 12 days ago. hillary clinton's lead over donald trump in the real clear politics average of polls, national average four-way race, it was 7.1 points. this morning it's 2.4 points. this race has gotten much closer. it is close in some battlegrounds. the average is exactly tied in florida. clinton has -- excuse me, trump has a little lead in ohio, but clinton still has a substantial lead in places like north carolina and colorado and pennsylvania. so, i mean, the race is clearly getting tighter, and this has thrown a huge new, unpredictable factor into it. bill: let me just show our viewers a little bit of what we're talking about on the map behind us. we look at the scenario for trying to get to 270 electoral votes, and we have said for months now she has the advantage, the inside track, right? trump has a much more difficult task. >> yes. bill: i tell you what, byron, we keep coming back to florida.
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look where this is right now. this is all the polls put together, she's at 44.4%, he's at 44.4%, all right? my attention keeps going back to florida and ohio. it also goes to north carolina too because based on what we're seeing, she apparently has some sort of edge in north carolina at least based on the polling. and it's possible that this could be our focus come eight days from now, byron. >> absolutely. i was just in north carolina a few days ago. the democrats have a very strong effort, really pushing early voting there. first lady michelle obama went to north carolina on thursday to appear with hillary clinton. president obama is going to be there on wednesday for hillary clinton. so they are really pushing hard. they think donald trump absolutely has to win north carolina. if he doesn't, he doesn't win the presidency. bill: 15 electoral votes, tarheel state. maybe it's the new ohio or florida or both. thank you, byron. >> thank you, bill.
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martha: so there are eight days now until this election. sometimes it feels like it will never be over, and now it feels like it is incredibly close. you've got both campaigns hitting the ground hard today in the battleground states, donald trump is in michigan. we're going to talk about that move with jason miller, one of his campaign managers coming up. his vp, mike pence, is in florida. obviously, very important to both campaigns. hillary clinton in ohio today, her running mate, tim kaine, is in the all-important state of north carolina. of course, the big day is one week from tomorrow. fox news will have complete election day coverage all day long, and we look forward to that. boy, you know, this -- when this came across on friday afternoon, i think everybody stopped in their tracks and knew that we were dealing with an october surprise perhaps of a dimension that nobody had anticipated. but we wait and see what's really in here. bill: and we're going to work through this and try and figure it out best we can. we know the longtime clinton
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aide, huma abedin, at the center of this controversy. how much does she know about the e-mails in question? we'll talk to congressman trey gowdy, he is standing by live in his home state of south carolina. martha: moments away. stick around for that. plus, how will this impact the balance of power on capitol hill? is there an impact on the down-ballot races? a top republican who is fighting to keep his senate job, senator ron johnson, will be here to weigh in coming up. plus, this -- >> 2016, struck him out! [cheers and applause] there will be a game six! cubs win it 3-2. bill: they call him the cuban missile. he was a rocket at wrigley last night. martha: they needed him bigtime. bill: we're going back to cleveland, america, and a terrific world series rolls on. [cheers and applause] many people clean their dentures
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could be as many as 650,000 e-mails on antiny wiener's -- anthony weiner's computer. if that is true, could you say that the deleted 33,000 on behalf of hillary clinton's own server are part of that cache? >> no, sir. i don't think anyone can say that. i don't think the bureau agents have read these e-mails, and i certainly have not. bill: have you considered that possibility? >> i hope that all records that are considered public records will ultimately be made available, but keep in mind, bill, we're talking about decisions that secretary clinton made years ago that prompted you to even have to ask that question. i want the entire public record to be complete, whether that's classified information or whether it's a benign e-mail about yemen, these are public records, and the public is entitled to them. bill: is a president-elect under an active investigation on behalf of the fbi, is that individual eligible for a security clearance?
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>> i think so, bill, under the theory that the ultimate security clearance check takes place on november the 8th. the president of the united states does not have to go through a security background check just like members of congress and u.s. senators don't have to go through a background check. if the voters elect someone, that is about tantamount to hava security clearance. bill: so if she wins a week from tomorrow, she will be privy to whatever national secrets are necessary for a commander in chief to know, correct? >> yes, sir. bill: on friday you issued a statement and said director comey's statement was instructive. what do you mean by that word, instructive? >> well, bill, there are other ways the head of the fbi can notify be congress that an investigation has reopened. in other words, his explanation was that he was supplementing the record, he had previously said the investigation was closed. he wanted to avoid the problems
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that commissioner john koskinen has now because he did not supplement the record. my point was he thought it was important enough to not just tell congress that the matter had been reopenedded, but also tell the public -- reopened, but also tell the public. and i think the reason he did that, bill, keep in the mind secretary clinton and her acolytes for months nowhave been saying no wrong doing, the investigation is over. if she were to continue saying that in the week before the election, director comey knows that is not true. if he knows it's not true, then why should the rest of us who are having to decide what to do on november the 8th also not know that is true? bill: alberto gonzalez, former attorney general, was on earlier today. and he said there's very little with this investigation that is consistent with protocol, suggesting how the department of justice operates, how the fbi operates. is that true, sir? >> bill, unusual and difficult facts make for difficult
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conclusions. but most of these facts were given us by secretary clinton, not by jim comey. i'm sure former attorney general gonzalez and former attorney general holder will tell you that having loretta lynch meet with the spouse of a target of an investigation on the tarmac is unusual. i am sure they will both tell you having the current president prejudge the outcome of this investigation while the investigation was ongoing is unusual. and be heavens knows, having the commander in chief actively campaigning for someone under fbi investigation is unusual. so everything about this is unusual, and all of it is -- bill: what he went on to say say is that since the attorney general, loretta lynch, recused herself, you now have james comey essentially left to himself to pursue this. that in itself is highly unusual. has that ever happened before? >> yes, i think it actually has.
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i think eric holder had to recuse himself. now, loretta lynch has a very, very capable top deputy in sally yates, so it doesn't go from loretta lynch to jim comey. there are other people in positions of responsibility in the department of justice. it is unusual for an fbi agent to also make charging decisions. the agents make recommendations, and then the prosecutor makes the ultimate decision. so it is unusual, but why are we here, bill? we're here because loretta lynch met with the spouse of the target of the investigation. that's not comey's fault. that's loretta lynch's fault. bill: last night you referred to senator harry reid after he issued a strong statement against the fbi districter. you called him a political hack. do you stand by that today? >> oh, if -- i can't really use the word i want to use because it would get us in trouble with the fcc. yeah. so we'll just go with political hack -- bill: why is that? why do you use that phrase today?
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>> it is laughable that jim comey committed a violation of the hatch act. i actually know what the hatch act is, and if the president of the united states actively campaigning on company time for another candidate to be president of the united states is not a violation of the hatch act, then how is jim comey supplementing the record and telling the truth to congress a violation of the hatch act? harry reid knows that this is not a violation -- this is the same guy that went on the floor of the senate and said mitt romney didn't pay taxes, so he is a political hack. and and i would say more than that if i weren't going to get finded by the fcc. -- fined by the fcc. bill: trey gowdy from south carolina. we'll see where it dose. >> yes, sir, thank you. martha: all right. so james comey taking heat for the way in which he broke the clinton e-mail news. is this unfairly influencing the election? a lot of opinions out there on that, we'll have a fair and balanced debate. bill: in the meantime, the
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battle rages for control of mosul and the battle again isis, now word of just how soon iraqi forces may be inside that isis-held city. stay tuned for more on that. ♪
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bill: another fox news alert now, because there has been another massive quake moving the earth in italy. happened sunday morning. thankfully, no one was killed, but a medieval tower, ancient roman walls and valuable paintings have all been damaged or destroyed, thousands forced out of their homes all this following a devastating quake that killed almost 300 in august and several strong tremors earlier felt this month. martha: iraqi special forces inching closer to the isis-held city of mosul today.
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commanders saying troops are less than a mile from the city limits and could make it there within a matter of hours. benjamin hall live in irbil near mosul. benjamin, what's the latest on the offensive today? >> reporter: yeah. hi, martha. we're getting updates all the time. they are getting ever closer to mosul, some reports saying a few hundred feet, ohs saying special forces are already in there. it began this morning as isis -- as iraqi troops began taking back the last isis-held town. heavy fire. armored vehicles including abrams tanks moved on the village and hit the isis position. again, these airstrikes are playing a crucial role in softening targets ahead of the special forces and the infantry, and today the defense ministry released video showing just how effective some of these airstrikes can be. martha? martha: what can you tell us about the towns that have been liberated on the way to mosul?
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>> reporter: well, martha, we're seeing more and more of those now. we actually found our way to one this morning. we spoke there to people who had lived under isis, found out what that was like. we also heard what it was like to get their newfound freedom. the men of this town are queuing up to have their haircuts and their beards shaved off, something that was forbidden under two and a half years of isis rule, so this is where they've congregated, where they're showing their newfound freedom. we also heard how schools were all shut under isis, how they indoctrinated children to try and join them, how there were regular house searches, beatings, torture, disappearances, and nobody was allowed cell cell phones. one of the interesting things is this town had a pop tolation of about 5,000 -- poplation of 5,000, and there were only 30-50 fighters there, a clear reminder of just how much fear isis instills. martha? martha: these villages have been through so much, and some relief for some as others are still in
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the cross fire and being held as part of this action. benjamin, thank you very much. bill: we are hearing from a growing number of lawmakers, many of them democrats want to hear directly there james comey on the latest twist on the clinton investigation, so what does comey do now? more on that. martha: and will the investigation be a game-changer on capitol hill? will it affect the elections that hold balance of power? wisconsin republican senator ron johnson will be here live, but first here is congressman devon knew necessary. >> after the several meetings that the congress had with director comey, he was quite clear that the investigation was done and that he would only open it if there was significant information. we asked a group of young people when they thought they should start saving for retirement. then we asked some older people when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement.
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just start as early as you can. it's going to pay off in the future. if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges.
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martha: lawmakers from both sides of the aisle are now demanding briefings from the fbi on these newly-discovered clinton e-mails. as all this plays out, the
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impact could potentially tip enough down-ballot races to change the balance of power in the senate, which the democrats are very much hoping to win back. they are targeting a couple of, a group of vulnerable republican senators including marco rubio e and kelly ayotte, you see the rest of them on the screen, but one seat that has been considered a fairly easy pick-up for democrats in wisconsin has now become somewhat more competitive. the republican incumbent now closing the gap there in the polls as democrats pour millions of dollars into this race to hold onto that seat or to keep -- to get that seat. ron johnson, chairman of the senate homeland security committee, joins us now. senator, welcome. good to have you here this morning. >> good morning, martha. martha: good morning to you. so, you know, a lot of people looking at this news and wondering if it has an impact on those very tight down-ballot races including your own. >> well, it just might. you know, my opponent, senator feingold, might be one of the last remaining americans who thinks secretary clinton is trust or worthy.
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and and, of course, he actually has his own e-mail scandal. he was a special envoy to the state department and communicating with, for example, jon tester, probably talking about his election while he was a state department employee. so we've asked, there have been a number of foia requests i'll say for two years, and the state department has not released those. what we're seeing here with this investigation is it was bungled from start. if you look at the immunity agreements, consider those things to cheryl mills and heather samuelson, you'd also have to conclude this investigation was not to uncover the truth and prosecute, but more likely to cover up and upon be rate. it's pretty simple, martha, there's two statutes dealing with federal records, you know, you cannot conceal, you can't destroy them. by the way, that statute is penalized by fines, imprisonment and disqualification from holding any office of the united states. and then also a statute that deals with any kind of information records that deal
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with national defense. both of these things completely apply to secretary clinton's situation. i think she's guilty of both. martha: you have asked director comey to testify about this before congress, and you want him to do that before november the 4th. what's the response from the fbi director? >> well, we'll probably get stonewalled as we have. i'm asking for a briefing. it wouldn't be any testimony before a committee. i want to know. we have been in contact with the justice department trying to have them explain what is up with these immunity agreements. again, this does not look like a serious investigation, and now we're here at the 11th hour? i'm not one praising director comey for this. i certainly was disappointed that he didn't recommend indictment before and, again, i think he's completely bungled this investigation. martha: you know, one of the questions that remains is what's in this e-mail, of course. hundreds of thousands of them, by the indication that we're get, and, you know, whether or
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not the president may be involved in any of the back and forth here. i think it's an open question as well. let's replay what the president say a long time ago about how he found out about hillary clinton's e-mail server. watch. >> mr. president, when did you first learn that hillary clinton used an e-mail system outside the u.s. government for official business while she was secretary of state? >> the same time everybody else learned it, through news reports. martha: what do you think about that? given this new information and what we may see? >> martha, you send e-mails. when you send e-mail, you know whether you're sending it to a gmail account or a state.gov. president clinton -- president obama sent e-mails to clinton e-mail.com. he had to know that was not a state department account. other top-level officials also would have been e-mailing secretary clinton to the clinton e-mail.com. i think there are a number of people culpable, and i think what in this shows is corruption
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at the highest levels of government, in the white house, in the state department, in the department of justice and in the fbi. donald trump is right, we need to drain the swamp. martha: you have said that you'll support donald trump but that you would not endorse him. has that changed in light of this? >> listen, i'm a business guy. i'm always trying to accentuate the positive. so on the big things, growing our economy, strengthennen our military, actually defeating isis, securing our border, appointing judges rather than liberal activists, on all those things i'm in total agreement with our nominee, and you compare the difference between the two people, and look at the statute. that disqualify withs secretary clinton from even serving in any federal office, any office of the united states because she mishandled that information. martha: all right. senator ron johnson, thank you very much. great having you with us today. >> have a good day. bill: all right. now, we are 36 minutes past the hour. in a moment, we're going to get back to the very latest on what's happening with comey and
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whether or not notifying congress about the new clinton e-mails only days before the election was the right move to make. the battle lines are being drawn politically on both sides of this. fair and balanced debate on that in a moment. martha: so as you would imagine, donald trump is trying to capitalize on this controversy and this news. so can it help him close the gap? how many points might it be worth? one of his top advisers, jason miller, joins us with the trump campaign take on this live. >> this could be the mother load. you know? this could be the 33,000 that are missing, this could be the 20,000 that are missing, this could be the 15,000 that are missing.
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martha: some brand new surveillance video showing the frightening moments when a man went on a rampage with a machete. it happened last year at the new orleans airport. look at this disturbing scene as we get a first look at what this was like for these poor people who were terrified. the suspect, richard white, going through security. when tsa agents tried to stop him, he hit the agents with spray and runs through the checkpoint. the sheriff's deputy who died the next day, an investigation finding he was carrying firecrackers and gasoline bombs as well. ♪ ♪ >> ten days out from are an
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election, he's come under intense criticism from former justice department officials who have said this is entirely a breach of protocol. there is a standard that, you know, six weeks from an election you don't put out insinuations like this, and all that's in that letter is innuendo. bill: robby mook blasting the fbi director, james comey. you heard a lot about that over the weekend. he sent a letter to top leaders of congress, the fbi director did, and the former ag director, holder, calling it a breach of protocol, some democrats saying the fbi director may have broken the law. katie pavlich, mary ann marsh, ladies, good day to both of you. i kind of know where you're both coming from before we get there. katie, what was your initial reaction when this news started breaking on friday? >> my initial reaction is hillary clinton is going to try and blame everybody but herself for this, and we've seen that. we've seen the clinton campaign
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try to blame anthony weiner, huma abedin, we've seen them go after fbi director james comey on the campaign trail when the reality is that hillary clinton was the first lady, a senator, the secretary of state, she knew the rules, and she decided to break them. and, in fact, huma abedin repeatedly urged her to use a state.gov e-mail, so she has no one to blame but herself. she's facing the consequences of her actions now as a result, and it's all up to her because of what she decided to do years ago at the state department. bill: mary ann, go back to friday afternoon. i'm certain you did not see this coming. >> i don't think anybody did. and it's a stunning set of developments, especially given the fact, as robby mook rightfully said, this isn't done within 11 days of the election, let alone six weeks. so the fact is the only people who know is on those computers is james comey and the fbi, and they should cough it up now because they've had those computers for weeks now. they've read all that stuff.
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anyone who believes otherwise is kidding themselves. so if they haven't, which is unbelievable, then why would you inform congress? if that's the threshold, two things. every time james comey sneezes, he should write a letter to congress, and if he's going to be fair here, he needs to be informing congress who has been briefed for at least a month now on the investigation into the trump campaign for their connections to russia which has been ongoing, and harry reid referenced it in his letter -- bill: katie? >> everyone on team hillary seems to be on the same talking points memo of -- >> no, that's the facts, katie. >> i think it's important to point out -- >> no, fair is fair -- bill: hang on, mary ann. >> james comey informed congress because james comey took an oath to tell the truth when he was in front of congress testifying. he told them under oath if there are significant developments, i will certainly let you know. 650,000 e-mails on a computer that huma abedin used, a computer that wasn't turned over to the fbi as hillary clinton and huma abedin claimed
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everything was turned over is a significant development. unlike hillary clinton who lies under oath, james comey was upholding his oath, taking it seriously, and understanding that the american people deserve to know that when someone is under investigation federally, that they deserve to know before they go to the election, to election day. bill: mary ann? >> katie, two points there. to your point exactly, or the american voters deserve to know be a candidate is under investigation. donald trump's campaign is and to parker and to manafort. congressional leaders, republicans and democrats have been briefed on this for weeks now going back to september, reported in the hill september 23rd, number one. number two, james comey put himself in this position when he took the unprecedented step of holding a press conference. the people on his staff who work on this said there's no evidence to indict, she did no wrong, and he decidedded to indict her in the court of plunge opinion. that's how he ended up under oath --
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bill: hang on, hang on. eric holder wrote this, i think it was yesterday -- hang on. quote now: he has allowed, he meaning comey, again without improper motive misinformation to be spread by partisans with less pure intentions, without improper motive. do we know what the motive is yet? >> well, first -- >> no -- bill: happening on, mary ann. this question goes to katie. we don't know what the motive is yet. we don't know what they have. maybe there are thousands of e-mails on there that are all classified, who knows? >> going back to my previous point of the fact that this is another device, more e-mails that hillary clinton said were turned over that weren't is the issue here. and for eric holder, the first sitting attorney general to be held in contempt of congress by both republicans and democrats as a result of obstructing an investigation with the fast and furious investigation, congressional oversight, he has no credibility when it comes to slamming james comey who who is
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simply doing his job to make sure voters have all the information they need on election day. bill: mary ann? >> he's not doing his job because voters don't have all the information about hillary clinton or donald trump's investigations, number one. number two, when every single day reporters in every outlet is going through hundreds, thousands of wikileaks e-mails and reporting on them, are you telling me the fbi can't plow through those too? put up or shut up. bill: mary ann, you're saying this is cya for the fbi director, and if he wanted to act, he could have several months ago. that's the case you're making. >> yes. i criticized that press conference back in july for doing it, it was unprecedented, and he has compounded it every accept of the way through -- step of the way, and now he's making more mistakes -- >> hillary did this to herself. hillary clinton did this to herself by refusing to follow protocol years ago.
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she was warned repeatedly, she knew the rules, she broke the rule, and she is solely responsible for the situation she is in today -- bill: we are out of time. lady, thank you for your time. i appreciate the vigor with which you both brought your cases. >> thanks, bill. bill: mary ann, i appreciate the orange and black you're wearing today as well. >> trick or treat. [laughter] bill: thank you, ladies. martha: speaking of pick by ceex -- wikileaks, more news coming out from that category. the fbi's october surprise that we have been digging into, brand new developments this morning involving all of that including word that the campaign is shutting down the clinton foundation is something they discussed and be were very concerned about especially with regard to the donations to morocco. that coming up. bill: also chicago, lives to see another day. we're going back to cleveland, folks. can the cubs kill the curse? can the cubs kill the goat? ♪ ♪
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♪ ♪ go, cubs go -- martha: so much excitement as the great harry caray would say, holy cow! the cubs' game five victory kept this thing going, thank goodness, right? the first world series game win for the cubs in 71 years. you've got the best job right now, because you are not deep into wikileaks and not e-mails, you are covering a happy story --
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>> wait, is there an election or somethingsome. martha: everybody is getting a welcome distraction from, i think. tell us about last night. >> i've been singing that song in my head all morning, there's the flag they fly avenue every win -- fly after every win since 2007. steve goodman composed it before he passed away. that place last night had electricity, i felt like i was in a movie theater watching a movie theater just before one of the rocky movies gets out. you're ready to take on the world. martha: this is rizzo's catch. >> that catch by david ross was just off the charts. we don't see anything like that. martha: do we have that? >> here's a pop-up, right side. foul ball. will it stay in play? ross is -- [cheers and applause] [laughter] >> now, that was important because the next batter hit a home run. had that batter got on base, it
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would have been a two-run homer, so that was a key play. martha: let's take a look at bryan's home run. do we have that? they're working on that. >> cubs scored three runs in the fourth inning, and he had been a 1 for 15 slump. and then the pushing was aa amazing. they need to win two games, game six is going to be back in cleveland tomorrow night. this was the work of chapman, the closer last night, got the final eight outs after jon lester, who was just fantastic. cubbies nation is alive and well. it's supposed to be 75 degrees in cleveland tomorrow. martha: crazy, right? >> game one of the series on stub hub, it was a minimum $750 to get into cleveland, for game six tomorrow where the indians can win the series, $570 is the get-in price for standing room only, so almost $200 cheaper
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than the series opener. martha: wow, why is that? >> let's go. >> kind of makes you wonder. i imagine these prices are go up. last night the prices plummeted, prices were much cheaper last night, and look what happened. go, cubs, go. martha: all right. jared, thank you so much. i was rooting for the indians, but anyway, it's fun to watch on both sides. good to see you, jared. >> you too, martha. martha: so now it is back to cleveland for game six of the world series tomorrow night, beautiful stadium there. you can catch all the action on fox. bill: let's go, martha. we know that stadium very well. martha: we love it. bill: jared, thank you, man. bombshell announcement, the fbi is not finished investigating e-mails related to hillary clinton. what are they? what do they say? why the fbi director is now taking heat from both sides. plus, new polling showing a tightening race just eight days away from election day.
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karl rove has the numbers ready to analyze where the race stands this morning. >> we are now on the cusp of incredible, historic change that transfers power from a failed political establishment and returns that power to the families and communities of your beautiful state. [cheers and applause]
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martha: trump campaign making hay as the fbi restarts its investigation into hillary clinton's email with a bombshell that happened on friday afternoon, percolating all throughout the course of weekend. trump hitting her while on the campaign trail as clinton pushes back against the fbi director and tries to hunker down to weather the incoming. welcome to brand new hour of "america's newsroom" on this monday with eight days to go. i'mi'm martha maccallum.
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bill: i'll bill hemmer. happy halloween. martha: we didn't even notice. bill: the clinton campaign slamming fbi director james comey for announcing this new phase of the investigation only days before the election. here is what we think we know right now. the fbi found additional emails that could be relevant to the clinton investigation of anthony weiner, the estranged husband of clinton aid huma abedin. he faces possible charges for sexting with a mine are no. initial examination of a laptop shared by weiner and abedin found 650,000 emails, many with addresses from the state department or hillary clinton private server. one source telling our bret baier it appears that laptop was used to back up huma's smartphone numerous times and backed up all of her emails as well around the time she was at the state department with secretary clinton. donald trump reacted this way on sunday. >> this could be the mother load. you know. this could be the 33,000 that
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are missing. this could be the 20,000 that are missing. this could be the 15,000 that are missing. three weeks ago they're missing a big box of emails. think of it, 650,000. what do you have to do to do 650? if you sat and did like this one, two, three, you would be there for weeks. how can you have 650,000 emails? martha: good question, right. meanwhile new poll showing a third of likely voters are less likely now to support hillary clinton because of this news. 34%. although part of the poll was conducted before the latest bombshell. it kind of hovers over the days surrounding this thursday and friday. jason miller senior communications advise for for the trump campaign. >> thanks for having me on. martha: wow, what was your reaction when you heard news on friday. >> this was earthquake. it was a big week with the
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obamacare news, clinton, inc., the 66 million-dollar plan to use the club ton foundation to enrich the clintons. when we saw the news on friday this was really big. sense of voters have of the rigged system, something stinks with the whole investigation into the clintons. as we're finding more news later yesterday we found out there were some 650,000 emails that were on this laptop, i mean you how do we get this far in the process where we don't find a laptop from hillary clinton's top aide? then the news that bill mentioned a moment ago, it was used to back up huma abedin's smart phone. not all of 650,000 emails were between secretary clinton and hillary clinton. there were thousands at least as far as "the wall street journal" story. martha: the fbi investigation why this wouldn't have been gathered during that phase of all of that this. let's play another sound bite from your candidate
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donald trump. >> her number one person huma abedin, is married to anthony weiner who is a sleeze ball. i don't like huma going home at night, and telling anthony weiner all of these secrets, okay? martha: that was back in july. he was pointing out there could be security concerns with the relationship that they have with huma abedin and anthony weiner. the story is you told mr. trump, stay away from anthony weiner, don't talk about that. don't help you. >> funny you put up clip from july. look back to august 31st, 2015, mr. trump tweeted he had same concerns with security issues and national security, classified information, talking about huma abedin being married to anthony weiner and all craziness was going on there. like i said before, this really goes to the bigger picture issue, what exactly was going on here? i think the fbi is doing the
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right thing by reopening the investigation. by going threw it. there is mountain of 11 days out to reopen it. they wouldn't have done that if they didn't think there was something extraordinary they found. martha: talk about your strategy. how do you plan to capitalize on this? michigan, wisconsin, new mexico, those are states you guys are focusing on where there is a pretty big spread in favor of hillary clinton. is that the best way to spend your time? >> we saw last week with the obamacare and clinton, inc.,6 million news that came out, the big story request doug band and e-mails. we saw big movement in states like new mexico and wisconsin. michigan where mr. trump has two events. these numbers are tightening up. secretary clinton is stuck in most polls, 41, 42, definitely in the low 40s in these states. she hasn't been able to close the deal. not only is mr. trump doing very well in the early states, or states of early voting in
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florida, north carolina, but the key battleground including ohio he is doing very well. we see pick up opportunity for states that traditionally have gone blue but mr. trump is changing the map. that is the important thing to keep in mind. if you look through this purely from the lens of 2004, 2008, 2012, you miss a lot of what is going on here especially for states hard hit by the loss of manufacturing jobs. martha: i mean that is the argument you made all along, rust belt states, blue-collar worker traditionally democrat, certainly was in '08 and 2012 are in your column. it hasn't shown up that way in the polls. you're sort of banking on the back good feeling happens at rallies will extrapolate a much bigger number than any of the polls are indicating. is that a risky strategy given it is tight in north carolina and tight in florida, two states you have to have to win this election. >> well, couple things. we're very much data-driven campaign. we have our own internal polling
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we show new mexico a dead-heat. we show michigan a dead-heat. these are tight races. we show wisconsin is close and pennsylvania is closing. in addition to the pick up opportunities, what we look at not just polling look at actual votes cast in some key battleground states. talk about for republican turn t is up 7%. martha: show there are more republicans turning up there. >> 100,000 votes better than where the ticket was. that is a lot of votes. that is a big deal. martha: i hear that we have reported that. in terms of how mr. trump needs to play this, he has gotten ahead of his ski as number of times, when news cycle pose in his direction. what is his strategy personnal reaction to this and how much discipline he will have over the coming days? >> i think you have seen him drive remarkably focused message over the past week we talk about obamacare. laid out contract with american voter this past week in get tisburg. he is laying out a very specific plan to close out the race and
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what he would do in first 100 days. a big part is ethics reform, bans on lobbyists serving in administration. martha: i got you. you know what i'm getting at. the story is you guys are nervous, that he will blow a moment going in his direction. what is his mood right now? what is his tone what happened with the fbi and will he be able to keep that discipline. >> absolutely. mr. trump is our single best messenger. this is movement much bigger than mr. trump and he is the front of it and he has been doing a fantastic job. we're excite coming down the hope stretch eight days to go. we have a lot of energy. you don't see energy on hillary's side. martha: eight days to go. what a ride it has been. we'll see how it works out. thanks for coming in. bill: meanwhile, martha, seven minutes past the hour. trump is using email investigation as major talking point, taking the pitch to voters in michigan.
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john roberts live in grand rapids. read the tea leaves, john. where do you conclude where we are this morning? reporter: what you can safely conclude, bill, things are moving and moving pretty quickly. look at new abc news tracking poll that came out this morning. it has the race still within a point, 46 for hillary clinton, 45 for donald trump. same as it was yesterday, that is a full 11 points more for donald trump than it was just a week ago. if you look at some of the cross tabs here you pick up some interesting information. when you look at unfavorable ratings, hillary clinton's unfavorable rating is at 60%. that is two points worse than donald trump's. not statistically significant but an interesting trend. also his support among republicans now at 89%. her support among democrats, 87%. again not statistically significant. we'll watch it over next few days to see which way the numbers go. been for hillary clinton, a four-point drop in enthusiasm
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since the news of fbi reopening investigation broke on friday. trump is operating in the principle that the candidate who is in the spotlight is in the last week of the election campaign is the one who is going to lose. that spotlight is squarely on hillary clinton right now. donald trump will do everything he possibly can to keep it that way. while at the same time, keeping this long-range chorus divisive campaign on positive note. look what he said in greeley, colorado. yesterday. >> i will continue to address and expose the criminal corruption of hillary clinton and threat to the survival of our democracy, but i also want to spend these next nine days with wonderful people of this country talking about my vision for making america great again, and let's talk positive. reporter: now here in where grand rapids, that was republican county back in 2012. he is headed off to mccomb
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county, warren, michigan, the home of famous reagan democrats that propelled ronald reagan to victory in 19890 and 1984. bill: what are you picking up what is spin and what is true? >> i heard what jason is talking about, a little optimistic in florida. republicans ahead of absentee mail-in votes by 64,000. democrats ahead of 41,000 in person ballots, which gives republicans ballots in returns. not that everybody voted but they seem to have advantage. this idea of discipline, so many people are saying to donald trump, in their mind, please don't screw this up in the last week. more than a few people that kellyanne conway would outfit him with electronic collars and hold the control closely when he is up there talking. bill: john roberts in michigan. reminder to everyone, keep it
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here on america's election headquarters throughout the day. we'll have live election, it is almost, it is almost, maccallum almost finally here. martha: he says he sees the race tightening according trump internal polls and wisconsin and michigan. rcp averages have them five, six points apart in some cases. i think we'll get good indication, middle of the week, wednesday polls in the morning will give us some insight whether the fbi story friday afternoon is having impact that the trump campaign believes it will. bill: hang on until wednesday. martha: so many democrats praising the fbi director after he cleared clinton of any charges back in july but now they're not so sure about director comey anymore. the clinton campaign slamming him over the weaken. so is this a smart strategy? bill: new wikileaks dump already this morning where the clinton staff was saying about foreign donations to the clinton foundation. that was more than a year ago. we're now learning.
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martha: new polls showing a tightening race in some of the key battleground states. so what us did the road to victory look like for hillary clinton or for donald trump? we'll break it down with karl rove. >> this politics they're finding is a much rougher game than football and more exciting. >> if you know anybody who is thinking about voting for trump you have to stage an intervention. and, only 50 calories a serving... good morning, indeed. v8. veggies for all. somehow it felt like everything was moving in slow motion. if i didn't react, things could have gotten messy in a hurry. i mean just got that sweet ride with a great rate from navy federal. i was not about to let anything happen to her.
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martha: just over a week to go till election day. hillary clinton's lead over donald trump seems to be shrinking. brand new battleground numbers are out in north carolina. let's take a look here. its a must win state for donald trump and real clear, no, this is "nbc/wall street journal" poll, latest number for north carolina, 47-41 as you can see. in critical state of florida, it is dead heat according to brand new numbers from same pollsters, 45-44 for hillary clinton and well within the margin of error. so that one is neck-and-neck. let's bring in karl rove, former deputy chief of staff to president george w. bush and fox news contributor. karl, good morning. good to have you wit tell us, how do you characterize the race right now? >> closing, closing rapidly. look at "real clear politics" average, two-way, clinton versus trump. take minor candidates move them out. they started first of october. she had a dreadful september at
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2.7 in the "real clear politics" average after the first debate, that ballooned up a little bit. after the release of the sex tape on 7th of october, grew to 6.7. it was, as of friday, 5.2. as of today, 2.9. so, that is without all of the effect of the friday's announcement by comey. the race is naturally going to close because of the nature of what happens in the closing end days of a presidential campaign but the friday announcement will accelerate that. the question how far will it close and who ends up in front on election day. this is pretty dramatic change as you can see in just a few short days. >> talk to me about florida. >> well, look, you used, you gave her a one point advantage using four-way. i like using two-way which it is a tie. there have been eight polls since the 25th of october going into "real clear politics" average. he led in three, she led in
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five. result is a tie. she collapsed, as recently the 22nd of october she was five points ahead in "real clear politics" average. think about florida. think about it it from romney's perspective, excuse me from trump's perspective. if he takes the romney states with 206, gets florida with 29. he is 235. he still has to find 35 more in order to get there. look from her perspective, the red wall, 18 states and district of columbia voted democrat in the last six presidential elections in a row. that is 242 electoral votes. if she holds those plus florida. she is at 271. she is president of the united states. so he has got to win florida to keep alive. if she wins, it ends the contest. she has other ways to get to 270. if she wins florida and keeps red wall, she is president. martha: mike pence in florida today. what about the strategy being reported today, that steve bannon believes that new mexico, michigan, wisconsin, are
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flippable for them? >> i would be very dubious. we got, all the public evidence in michigan and is that state is more than five points in clinton's column. there is not a lot of evidence out of new mexico but new mexico has very large latino population, and around sante fe, a lot of white liberals. so i find that hard to believe. we fought very hard in 2000, and 2004 in new mexico. won it in 2004. we had enormous advantage governor george bush of texas had worked in southeastern new mexico, reason called little texas down there, and so there was a lot of affinity in that part of new mexico from people from texas. very hard, and look, we'll know in a few short days whether that day was well-spent. being in a states in three states that are seem to be leaning to the other side when
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you have got a narrow window may turn out to be bad decision. on other hand if their data shows it is close and turns out they're right, then they're geniuses. martha: we'll see. all right, karl, thank you very much. see you soon. >> thank you, martha. bill: 20 past the hour. the media going wall-to-wall after the bombshell letter from the fbi director. how is the media reporting this story? fox news media analyst howard kurtz has been watching and he will analyze. martha: a story that we need to keep our eye on. a hero known for risking his life to save children in aleppo with the white helmets is, finds himself in deadly consequences. tragic story, when we come back. >> russia and regime struck not one, not two, but three of the four bases used by the white helmet volunteers. you didn't rer car insurance policy. you just stuck it in a drawer somewhere and forgot about it. until a dump truck hit your pickup truck
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♪ bill: so now the announcement of this new phase of the fbi investigation in the clinton server has been in the spotlight since director comey made it on friday. bombshell revelation stays before the election that could have a big impact on the race. is the media handling it fairly? bring in howard kurtz, fox news media analyst, host of "mediabuzz." how are you doing? good morning to you. great program this weekend. now how do you see this so far based on what you watch and what you read? >> remember we talked about hillary clinton had to win the fbi primary. now apparently there has been a recount. at first it was treated like bombshell it was. saturation coverage. kind of alarmist tone in the media, this could not utterly change the media and political environment and flip the race to donald trump n last two days,
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bill, i see dramatic shift much more skeptical reporting on james comey and fbi. that is driven in part by hillary clinton and her people attacking fbi director but also by a gusher of leaks. bill: you believe fairly in your view. how come? what changed? >> well i think the press is doing a little bit of self-correction because there is so much we didn't know when it erupted on friday afternoon. thanks to various kinds of leaks, we're told aerials comey broke with long-standing justice department policy and over the department's objections commenting on criminal investigation so close to an election. we also found out now that at the time that comey sent his letter to capitol hill he didn't know, the bureau didn't know what was in the zillion emails because they hadn't obtained search warrant for it. that raised question of some why he would go public without really having the goods. and then finally you have this question, this hasn't been officially confirmed, new york times first to report, these
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emails came from devices of huma abedin and anthony weiner, turning up in a sexting investigation. that kind of added a surreal and almost a comical twist to this very serious matter. bill: do you see a difference in how conservative commentators and liberal commentators are approaching or reporting this story? >> this is side switching hypocrisy. you see it on both sides. back in july when comey decided to decline to prosecute but harshly criticized hillary clinton for handling of classified information, liberals and democrats and even clinton campaign were hailing him as just paragone of law enforcement virtue. conservatives very upset, trump campaign saying they were upset that this was horrible decision by james comey. you see almost 180 by many, many people commenting on this you have the trump campaign basically saying this a is great decision by comey. putting aside the talk of rigged
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election rand rigged fbi investigation. liberal commentators, among clinton supporters, comey who had been so widely praised now being described as a partisan, bush administration republican hack who is unfairly trying to influence the election in the closing days. bill: howie, get back at it, okay. let us know what you find out. howard kurtz with analysis on the media in the breaking story in washington. thank you, sir. martha. martha: wikileaks turning up the heat on hillary clinton. new emails out this morning just how worried her advisors were about the foreign donations to the clinton foundation as they were starting to head into the campaign. bill: also the fbi director, he is facing a huge backlash, depends which side you're on, about the reopening of clinton investigation. did he break a law? closer look at that. the judge will analyze. also trey gowdy from last hour said this.
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>> heavens knows, having commander-in-chief active itly campaigning for someone under investigation is unusual. so everything about this is unusual.
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martha: here is the latest multimillion dollar donations. clinton staffers saw this coming. they were concerned about it and discussing it in the back channels and trying to soften what the fallout could be. ed henry pouring over these as per usual. new wikileaks revelations so-called phase 3 of election coverage. ed, what are you seeing in here? reporter: very interesting, martha. fox news first broke the story the king of morocco gave the clinton foundation $12 million, on condition, according to email
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we reported on earlier, that the hillary clinton fly to morocco and run a clinton global initiative. robby mook was on there with chris wallace this was scheduling issue. we were not concerned. wait a second. new email out in the last few moments in which robby mook himself in february '15, this is why morocco would be such a problem. more of this the first week she is out selling her story, meaning the launch of the campaign. the conference was supposed to happen when they launched campaign. they were referring to "wall street journal" story that month saying foreign donations to the foundation were a big problem. a second email we found, another official in the clinton foundation talking about maybe calling it attendance fees, money coming in, we could say membership fees. we may say sponsorship fees rather than contributions to cgi conferences. that is more accurate but too hair splitting for the outside world. here they are realizing it is a much bigger political problem
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they have let on, number one. number two, maybe we should tweak the language. instead of saying money from $12 million of king of morning rocco is attendance fee and direct connection to the cgi, call it a membership fee. very interesting, martha. martha: we're learning top clinton campaign officials wanted to halt foreign donations to the clinton foundation. something the obama administration had become very concerned about when she became secretary of state. reporter: remember when secretary clinton was asked about pay for play. no it is all about good works. if that is the case, all about good works, why did her top strategist, joel bent ton, say this february 15th, as "wall street journal" broke story about forerin donation. there is much larger strategic question we need to resolve stop this spreading today, maybe tomorrow, how quickly the foundation stops. he talks about not wanting to
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deal with, quote, brush fires. so how quickly they stop what? raising foreign money? shutting the whole thing down? what is he really talking about there? it is interesting "the daily caller" posted a story saying that $12 million we reported on, reported first about money coming in from the king of morocco, might be $28 million because the leading phosphate company in morocco gave even more money on top of what the king gave. again, where is this all disclosed? what is with all this money? all of this exploding today, martha. martha: it reveals the obvious concerns that people so close to the campaign had about how all of this would look. reporter: as they claim it is really all about good works. we're not worried about it, they are saying the opposite to each other. martha: they were very worried how it would look. ed, thank you. bill: fbi director james comey, senior justice department officials including former ag
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eric holder writing following. many of us worked with director comey and all of us respect him but unprecedented to comment about evidence in ongoing inquiry, 11 days before a general election leaves us astonished, and pers plexed. at same time trey gowdy slamming senate minority leader harry reid says this broke the law. >> this is not violation -- this guy said the mitt romney didn't pay taxes. he is political hack. i would say more than that if i weren't going to get fined by fcc. bill: that was gowdy. judge andrew napolitano with me, from new hampshire former governor john sununu, former white house chief of staff, george h.w. bush. author of the book, the quiet man. first the legal side of this with the judge.
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you believe the fbi director was wrong? >> i do. bill: why? >> i believe, and it is odd company for me but i agree with attorney general holder. it is absolutely unprecedented to give a progress report on a criminal investigation. it is prohibited by the department of justice regulations. it is prohibited by fbi regulations. it is prohibited by legal ethics and violates due process. what are the regulations? the regulation say you keep quiet about the progress of an investigation. you report your evidence to the justice department. the justice department decides what to do with it. the regulations also say, you do not make a public announcement about a person, about a criminal investigation of a person whose name is on the ballot within 60 days of election day unless it is necessary to save life. bill: that is what the law says? >> yes. bill: maybe the evidence is so overwhelming he could not ignore this. >> that is why it is so perplexing he hadn't seen
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evidence at time he sent letter. bill: apparently based on what they were reporting, they were looking at this a month ago. >> yes. but they hadn't told director comey bit. nor had they seen emails unless they viewed them unlawfully pertinent to mrs. clinton. they certainly had seen emails pertinent to anthony weiner because he gave them his laptop. but the search warrant authorizing them to read the emails between the mrs. clinton and huma abedin or huma abedin's emails she forwarded to herself, whatever source, wasn't signed until last night. that is why jim comey himself, and i share eric holder's respect for his professionalism, though i believe he made a serious blunder here. that is why jim comey said in the letter, i don't know the significance of it. so why give a progress report about evidence you haven't seen and can't evaluate with somebody you don't work for? he works for doj, he doesn't work for the congress.
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bill: let me talk about intent. to the governor first of all, what is your sense how this plays, knowing we select a new president week from tomorrow. >> there are two time frames. the short-term is political. the long term is legal but what this does, whatever way this plays out over the next few days it is going to emphasize this culture of corruption and culture of deception that seeps through everything the clintons touch and now seeping through the whole democratic party. it is how the dnc tucked it to bernie sanders. it is why in virginia they had the gall to raise money for terry mcauliffe to send to a state senator, her campaign, when she was the wife of the deputy director of the fbi. it's a culture of corruption that they have to deal with in the next several weeks. bill: was comey wrong, do you believe, or sorry, do you agree with the point the judge is making here? >> i think comey was between a rock and a hard place.
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this was going to come out friday. if comey put it out or saturday, if it was leaked by the fbi agents who were furious. and he understood that. and i think in order to preserve the integrity of the fbi he had to come out with it friday. bill: is that a possibility? >> yes. jim comey was facing, and in fairness to the governor who has his finger on the pulse here, jim comey was facing a revolt by young fbi agents and retired fbi agents, not because he was sitting on evidence about hillary clinton, but because of the damnable decision he made on july 5, not to prosecute her when the evidence of her guilt at that time was overwhelming. bill: 30 minutes ago karl rove says he was wrong in july and wrong now? one more point. >> one point you have not given enough weight to. that is the fact, this made it very clear that huma abedin lied when she said there were no
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emails on other devices. and i, if i were in the director's chair i would say, oh, my gosh, that is a clue to the depth of the climate of corruption that goes across this thing. i think he had to put it in a proper context to people he had reported to, namely the american public and the congress. >> well he reports to the justice department, not to the congress. >> but he had reported to the public. >> i haven't seen the affidavit that the fbi presented to federal judge to get him or her sign a search want. i'm guessing it would not had to do with whether or not as you said, governor, huma abedin lied to the fbi. that is the doorway they will use to enter emails. >> that's correct. bill: thank you for both of your time. we're out of it, time is, judge, thanks to you. martha, what's next? martha: keeping in that line of
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thought back in july democrats praised jim comey for how he handled the clinton email investigation. what a difference these three months have made. is the new-found criticism fair? we'll debate that next.
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♪ martha: as you may remember the clinton campaign and other democrats saying fbi director james comey praises when he cleared hillary clinton on july 5th of any charges. >> let me just say this about director comey first. this is a great man. we are very privileged in our country to have him. >> i want to begin by commending you and the public servants at the fbi for the independent investigation. >> i greatly appreciate the work that the fbi, department of justice did, handled it very professionally. >> the fbi under direction of a wonderful and tough career public servant, jim comey, somebody with the highest standards of integrity. martha: now a bit of a different story now after comey notified congress after new phase based on evidence put beef him last week. now listen to this. >> it is pretty string to put
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something like that out with such little information. it is unprecedented, and it is deeply troubling. >> you violated these two protocols. you owe the public full information. martha: what a difference a day can make, right? former clinton pollster bernard whitman, author of 52 reasons to vote for hillary and lisa booth is president founder of high noon strategies and fox news contributor. welcome to both of you. so, bernard, the person they praised have now switched their opinion on quite drastically. >> martha, great men and grit women can make mistakes and director comey made a huge mistake announcing unprecedented probably illegal action. that announcement was fill of innuendo, gift to donald trump based his entire campaign taking half lies and falsehoods and spinning them into truth and feeding them to his supporters. that is exactly what happened here. this is type of government we can expect under donald trump where you use the mechanics of government to wage political war against your opponents. he promised to do that in the
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debate with hillary clinton last month. promising to investigate her and lock her up. martha: that is a bit of stretch. >> no, it is not. that is type of government when fascism starts to seep into democracy. martha: stick with issue at hand which is the question of james comey and whether or not he acted correctly. can't extrapolate what a future presidency might look like when we have many years of history to examine in terms of what clinton's in public office has looked like over the course of. go ahead. respond. >> martha, what about a government where you have a future presidential candidate facing an fbi investigation? or a president for that matter, facing, an ongoing fbi investigation? i find it absolutely, it is insanity for hillary clinton, the department of justice, and the democratic party to question protocol, to question quote, unquote precedented action by fbi director comey when hillary clinton herself who took
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unprecedented actions, setting up private email server, using that. mail address exclusively, deleting tens of thousands of emails using bleachbit and then lying about it all and also, martha, real quick if you don't mind, the department of justice andly lynch taking the unprecedented action, compromising herself and integrity of the department of justice by meeting with bill clinton during an ongoing criminal investigation. martha: all of that is part of what's baked in the cake here, perrd that. i want to bring up an issue that jumps right off what lisa has laid out there and that is the fact that when loretta lynch met with bill clinton on the tarmac, she pushed this whole thing over to james comey. >> that's right. martha: so why now when there is new evidence placed on his deck, should he go through that chain of command on the same case? loretta lynch already said, this is your baby, jim comey. case closed and now he says, look i have to reopen based on what i have gotten now? >> jim comey did exactly right thing. according to all reports, listened top 20 investigators
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and there is not enough here to go forward with recommendation of indictment. he went to opinionize and cerealize and editorialize talking about her conduct after the fact. in this letter, which 100 department of justice officials railed against, judge janine pirro of this network. martha: very controversial and we laid out both sides. >> this has politicized and besmirched the reputation of justice department. unprecedented. it is unconnect call. it is wrong. fundamentally against the rules fairness, basically justice department guidelines and impartiality to step inside after presidential election influence votes on -- martha: i hear what you're saying. one can only, there is so much we don't know and as jim comey said the investigation into these emails is just beginning. there has to be a compelling reason why he felt if he didn't do it now, to have this come out after the election would make i am look like he had been derelict in his duties, lisa?
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>> absolutely, martha. he is between a rock and hard place. there is no easy answer here or necessarily a right answer because as you mentioned if he puts the information out after the election, how is that going to look as well. to bernard's point, i have am beside myself the fact that democrats can look you in the face, look viewers in the face say something like that without holding hillary clinton to the same standards, without loretta lynch to the same standards. that is utterly ridiculous and we should all be very concerned as fact we have someone who is running to be president of the united states for the first time in american history facing an fbi investigation, who previously faced an fbi investigation which is still open and martha, to that point, there are tens of thousands of emails still out there. how do we know something else isn't going to pop up months from now? martha: we don't. much more to come. bill: big story on election night a week from now. who controls congress.
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closer look at close senate race. think of it as intruder for planet earth or intruder alert. new technology that could protect us from threats deep in outer space.
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>> ahead on "happening now," new revelations after a political bombshell from the fbi as the agency gets a warrant to look at thousands more emails that could have relevance into the investigation into hillary clinton's private server. how much it's impacting the race for the white house. what it might mean to down ballot races. how has the media handled the news? we interview independent candidate evan mcmillan about his strong play for utah 2016. all ahead, "happening now." bill: jon, thank you. see you in six minutes. power of capitol hill at stake. key battleground state in florida.
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challenger, democrat patrick murphy, is trying to defeat former presidential candidate marco rubio. steve harrigan is watching the race closely in miami. what is the issue so far in this campaign, steve? reporter: really what two candidates talk about are not issues but two presidential candidates. patrick murphy is trying to link marco rubio to donald trump over and over again in a single one-hour televised debate, murphy mentioned donald trump 25 separate times. many analysts think the results of the senate race here in florida could hinge on the presidential election. >> if hillary is able to win the state and win by a big margin, then marco rubio may be in big trouble. on other hand if donald trump can eke out a victory or stay competitive that is good news for marco rubio. reporter: in the early polls marco rubio had just a two percentage point lied but in the most recent polls that lead has
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widened to eight points. bill. bill: off we go. steve harrigan, we're watching it tuesday night. thank you in florida today. martha. martha: lots of brand new developments involving the hillary clinton email investigation. how much trouble does this present with eight days to go? will it actually move the needle in the election when we come back? stry i was really surprised that i wasn't finding all of these germans in my tree. i decided to have my dna tested through ancestry dna. the big surprise was we're not german at all. 52% of my dna comes from scotland and ireland. so, i traded in my lederhosen for a kilt. ancestry has many paths to discovering your story. get started for free at ancestry.com. car insurance policy. you just stuck it in a drawer somewhere and forgot about it. until a dump truck hit your pickup truck and now you need a tow truck. does your policy cover the cost of a tow truck?
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♪ everything your family touches sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox. martha: well, an asteroid buzzed by the earth over the weekend, so it was never a threat, so not to worry. nasa's intruder alert system spotted it a few days ago, and strong hers determined it missed the planet by 310,000 miles. the asteroid measured about 75 feet across. bill: it's like a near miss, isn't it? i can't wait to see your costume tomorrow, maccallum -- martha: today's halloween. bill: but you're going to take a picture tonight.
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martha: i'm going to be the lady that opens the door and gives the kids candy. bill: all right, we've got to run. happy halloween, everybody, and boo and trick or treat -- martha: what is your costume? bill: we'll see. depends how it turns out. jon: we start with a fox news alert on bombshell revelations that could shake up the presidential election now just eight days away. hello, i'm jon scott. jenna: hi, everybody, i'm jenna lee. james comey under pressure today after revealing in a letter to lawmakers friday that his agency is looking into newly-discovered e-mails that may relate to the clinton e-mail investigation. the e-mails were found during an unrelated investigation into former congressman anthony weiner who's accused of sexting with a minor. wiener's estranged wife, huma, is hillary clinton's top aide. we begin with our chief intelligence correspondent catherine herridge who's live in washington. catherine? >> reporter: thank you, jenna.

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