tv Happening Now FOX News October 31, 2016 8:00am-9:01am PDT
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. a government source confirms
that the metadata on anthony weiner or's computer turned up positive hiss for clinton e-mails -- hits for clinton e-mails. an intelligence source tel fox news based on the metadata review it appears, quote, a virtual certainty that new clinton records are on that computer and likely contain classified information. the warrant will allow fbi investigators to move beyond the metadata and search anthony weiner's computer and read the content of the e-mails involved. the intelligence source at fbi headquarters knew about the laptop and the records including director comey and his deputy, fbi deputy director andrew mccabe, in october. mccabe is the same executive who came under scrutiny over his wife's 2015 state senate run where she was personally recruited by longtime clinton al lie terry mcauliffe and received in excess of $675,000
from his pac. meantime, senior democrats and republicans took to the sunday talk shows to stake out their positions. >> to me, chris, this has to be a substantial development. i just don't see director comey opening this case back up 11 days before the election unless it is quite serious. >> if the director can't clean up this mess, and i hope he will try, i think he ought to acknowledge that he made a serious mistake and underscore once again that there's nothing that alters that core conclusion he reached in july. >> reporter: as part of its on going reporting in january, fox news documented that the fbi e-mail case had expanded to include corruption and whether the clinton foundation and the intersection of the charity's work and government contracts amounted to pay to play. "the wall street journal" reported that the justice department was, in fact, tapping the brakes on these corruption cases, and in the summer when
justice learned fbi agents were still pursuing leads connected to clinton, they were beyond upset. back to you. jenna: catherine, thank you. jon: the clinton campaign focusing on key battleground states as we await a rally with tim kaine in north carolina and two hillary clinton events in ohio this afternoon. rich edson is live in kent, ohio, right now. >> reporter: good morning, jon. hillary clinton is on her way here to kent state university in ohio as she continues focusing on those swing states, the campaign is also focusing on the fbi director, james comey, for the reinvestigation of and continuing of the investigation into her and her aides' handling of classified information. the democrats, the clinton campaign have been focusing on attacking james comey, some have even called for his resignation. the senate minority leader, harry reid, sent a a letter to comey, rescinds his previous support of comey and writes, quote: your actions have
demonstrated a disturbing double standard for the treatment of sensitive information with what appears to be a clear intent to aid one political party over another. through your partisan actions, you may have broken the law. the clinton campaign is also pushing a letter signed by a hundred, about a hundred former department of justice officials including president obama's first attorney general, eric holder, in which it claims that comey's letter is inconsistent with prevailing department policy and breaks with longstanding practices. however, clinton's running mate, tim kaine, claims that james comey's actions are so outrageous it may actually help their ticket by pulling out people from the democratic base. >> i'll tell you one thing this letter has done, we were chatting about this backstage, it has kind of revved up some enthusiasm, a little bit of -- [cheers and applause] a little bit of righteous, a little bit of righteous indignation and righteous anger, it's revved it up a bit. >> reporter: meanwhile, hillary clinton continues her swing state tour.
she will be here in ohio in a little bit. this is part of the cleveland media market which she's trying to appeal to, try to get to the more democratic parts of the state. this as the cleveland plain dealer is reporting that the early voting ballots are problematic for clinton in cuyahoga county, that's where cleveland is, saying the returns thus far for democrats are lagging behind where president obama was four years ago according to their analysis. jon, back to you. jon: rich edson in a critical swing state, thank you. jenna: bret baier is now joining us. happy monday to you, bret, i know you worked all weekend. [laughter] we have a lot there in the first five minutes of our program, and if you could just catch our view arers up, what do you think is maybe the one or two most important headlines coming off this very busy weekend of news? >> well, first of all, what catherine reported at the top there, if that intelligence source is accurate and that it's a virtual certainty that new
hillary clinton e-mails and likely with classified information are on that computer, then -- and that can be confirmed, that the fbi comes out with that, that's a game-changer, obviously. it changes the whole dynamic. this has developed over the weekend. remember, this is anthony anthony weiner's laptop. we were told by sources close to his legal team that it's the result of, essentially, backing up huma abedin's phone and that that's how the e-mails end up on that laptop. that's their explanation or thought about it. and he is being cooperative. he hasn't been charged. he's not talking with the fbi as of yet. but after a warrant, all those devices were given, were handed over to the fbi, and that started the process. but it went back to october 3rd.
so the fbi's had it for a long time. they did get the warrant to go into huma abedin's e-mails, and that's also significant as well. jenna: i want to go back to something rich just reported to us. democrats, early voting in cuyahoga county, ohio, might be lacking behind what it was in the previous election cycle. if you look at the front page of "the new york times" online, they have this article that says this, i'm just going to read from it: turnout tallies and interviews with dozens of early voters suggest even a vintage october surprise may pack less of a punch than it did once. new york times saying maybe this won't have that much of an effect on the election, rich saying on the ground we're already seeing potentially some effect in ohio. what do you think is the effect here we are one week out from voting day? >> so i think we'll get some new polls in the next couple of days, it'll actually push towards the weekend, and we'll get a sense of what the real impact is.
but this race was already closing as expected. most races close at the end, this one was already closing, and donald trump was seeing a tightening in several state polls as well as national polls. i think that this accelerates that. but to tim kaine's point, it may also invigorate democrats. that's not a joke, because there may be some who thought that this was in the bag, and they may get enthusiastic by the threat that they keep on hammering that this could really happen, that donald trump presidency. on the republican side, it puts a jolt of energy in people who said he really didn't have a chance. now they see he has a path to 270, and they say this thing's going to happen. i think you're going to see big money donors, jenna, move towards donald trump, ones that maybe put their money on the side. we may hear that, hear that soon. jenna: and money matters, we know that for sure. you know, all last week all we
talked about -- obviously, this is the biggest story in the nation, bret, the fbi investigation. but one of the big stories last week was health care, and this week we have the open enrollment period opening for americans across the country to see exactly what their health care is going to cost. so we're not really talking about that today because, obviously, this is the bigger story. but i'm curious how you think that also factors in just before the election for viewers and voters to see those actual prices. >> politically, i think that's the bigger story. because if you think about it, the families that are affected with these not only higher premiums that are exponentially higher in some states, 116% in arizona, other places, but also the deductibles. we don't often talk about the deductibles and how high they are. so even if you're paying premiums and you get the subsidy, the deductible that you have to pay before they kick in the health care is significant in some places. and the choices are fewer. now, the administration says
they're going to try to fix this as does hillary clinton, but that is probably the biggest political mover. and for these senate candidates with the balance of the senate hanging on election day, i think republican senate candidates look at what happened with the e-mails, obamacare and think, you know, they've got, you know, something to run on there. jenna: an interesting combination of stories. bret, we look forward to your "special report" tonight. i think we should just do seven days, what do you think? >> oh, sure. it'll be fun. [laughter] jenna: thank you very much, we look forward to seeing you at 6 p.m. it might be a different world by then. keep it right here on fox news channel for the latest coverage, join us election day tuesday, november 8th, we're going to have live coverage all day and night until the results are in. fair and balanced on fox news. jon: well, much more on the fbi's new investigation into the clinton e-mails. it broke just friday during our
second hour. and how it could affect hillary clinton each if she does win the white house -- even if she does win the white house. we'll go in depth. plus, a spirit airlines flight sitting on the tarmac for hours and hours. what was behind this terrible day that? and we want to hear from you. will the fbi investigation of new e-mails give donald trump a path to win the presidency? what do you think? our live chat is up and running. go to foxnews.com/happeningnow to join the conversation.
jon: a fox news alert with developments on our top story as the fbi obtains a warrant to look over more than 650,000 new e-mails found on devices that may have been used by hillary clinton's top aide, huma abedin. there is new fallout about what could happen if clinton does win the white house after all of this. joining us now, gregg jarrett, fox news anchor and former defense attorney. so the prospect of a sitting president being indicted or perhaps being indicted before winning the presidency is actually out there. >> yeah, it is out there. probably not before, but after she were to take office assuming she wins. and what's interesting is there is broad constitutional immunity for -- against prosecution for ordinary crimes for any president. it's even in the federalist papers. the framers talked about that. but they didn't talk about, and
legal scholars have never contemplated, what happens? does that immunity apply for acts committed before somebody assumes the office of president? jon: so if hillary clinton wins the presidency and somehow is indicted -- and i know a lot of people are saying that's not going to happen, but if she somehow is indicted, she wouldn't face charges while she is president. >> no, she wouldn't. she could invoke the immunity. now, that might end up in a lawsuit, and judges including the supreme court might have to weigh in on it. she could pardon herself, you're allowed to pardon yourself, you can pardon anybody. nixon thought about pardoning himself. in the end, he decided not to, ford did it for him, but that would be political poison, if hillary clinton were to do that. jon: so there's a lot of talk about the hatch act these days. >> right. jon: harry reid is all upset about what he perceives to be director comey's, james comey's violation of the hatch act. what is it? >> right.
well, the hatch act was a law passed in 1938 that says a public official -- except president, vice president and a few others -- cannot use their position to influence an election. well, look, there's no hatch act violation here. there's no evidence that comey intended to influence the election. sure, his decision to announce this may have that effect, but he didn't intend to. by all appearances, he intended to simply correct the record before congress, his sworn testimony in which he said the case was closed. obviously, now, it is no longer closed, and he was duty-bound to tell them that. look, he was in a no-win position anyway. if he didn't disclose it, he'd be accused of violating the hatch act by protecting hillary clinton. jon: right. and if the fbi had some information, developed some information that might bear on her fitness to hold the highest office in the land and didn't release it before the election, i mean, isn't it something that voters would have wanted to know?
>> well, but that's more of a political judgment call. and comey, the indication is, was simply looking at the law. i have information that congress needs to know because i told them something that's no longer true, that the case is now open and active. and, you know, he must have seen something on thursday when the feds showed him these documents that suggest that, that alarmed him and said, wow, now i've got to reopen this investigation. i have to tell congress it's open. jon: i know you've written on foxnews.com about what happens if hillary clinton is elected. it doesn't appear that there's going to be a honeymoon period with congress, and, in fact, investigations into the e-mail situation and other possibilities could start right away. her husband was the second president ever impeached -- >> right. jon: could she be impeached over this --
>> you cannot be impeached for conduct that happened before you became president. impeachment only applies to actions taken during the course and scope of your duties as president of the united states. but look, she could be, you know, dead in the water and disabled the same way nixon was during watergate. he squandered the trust and goodwill of the american people, could get nothing done with congress in terms of meaningful legislation. there will be continuing investigations by congress, assuming republicans hold the house, into bribery, obstruction of justice, perjury, fraud, illegal use of a nonprofit charity -- ie, her foundation -- pay for play. all of these are active investigations which the chairmen of the various committees in congress have vowed they will pursue and pursue vigorously. jon: and if memory serves, she was a young lawyer who served on the committee impeaching d. >> she was.
and one wonders, tud she learn nothing from the nixon scandal, that power tends to corrupt, and you have to sort of behave yourself? you know, most people who are enveloped by scandal learn from one scandal. jon: yeah. >> clone up your -- clean up your act, stay away from it. hillary clinton, it's one after another whether it's whitewater, travelgate, e-mails, benghazi, the list are goes on and on and on. it is one after another. jon: the fbi director described it as, what, bad judgment. >> yeah. jon: very bad judgment in his remarkable news conference -- >> but look, assuming there are classified documents on these new e-mails sent or received by hillary clinton, that doesn't mean necessarily she'll be indicted or charged. the same result as before we could have are yet again. jon: gregg jarrett, fox news anchor and attorney, thank you. jenna: how has the media covered this new e-mail story now that the fbi is looking through thousands and thousands of these additional e-mails? we'll look at that.
plus, a bomb scare on a spirit airlines flight. how the threat was discovered and what happened to the passengers. i'm only in my 60's. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare,
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jenna: passengers facing a travel nightmare after a bomb scare forced a six-hour delay for folks on a spirit airlines flight from ft. lauderdale to dallas, and a local tv station saying it all started when a passenger alerted a flight attendant after seeing another passenger's cell phone with a text reading, quote: your bombs are in place.
jenna: authorities searched the plane before giving the all clear for takeoff at two a.m. this morning. jon: well, america's election headquarters now in a tailspin over the news of the fbi's decision to reopen the clinton e-mail investigation. here's how it was covered on the sunday news shows yesterday. take a listen. >> a why would 48 hours it -- wild 48 hours it has been. >> october surprise. fbi director james comey's announcement of newly-discovered e-mails jolts the race. can donald trump use this latest revelation to reinvigorate his campaign? >> a late october surprise rocks the presidential campaign. what do we know and what impact will it have on the race? >> october surprise, a sudden twist as the fbi director says they have found e-mails possibly pertinent to the probe into hillary clinton's private serve server. with pressure building from both
sides l the fbi have to say more? >> just over a week until election day, a campaign bombshell. the fbi reopens its investigation into hillary clinton's private e-mails. jon: joining us now, tammy bruce and leslie marshall, both of them are fox news contributors. so all of a sudden, the media are paying attention to this presidential race in ways they haven't before. tammy, you almost get the feeling that for a lot of media outlets it was a little boring watching this, you know, 10, 12-point hillary lead, and now all of a sudden they're paying attention to it, making it more of a horse race. >> well, look, i think that it took a lot of energy to keep it at that supposed 12-point lead. you had, actually, a huge spectrum from investors business daily and the l.a. times poll at 1% or tied all the way up to 12-15 points ahead, and that takes a lot of work to keep that going.
prior to this latest drama, obamacare had hit, and this is, of course, it continues to hit, it continues to destroy people's lives economically. this is a part of the liberal agenda of what it is that americans are getting tired of and are feeling in the pocketbook. the jobs issues still remain, so economics were a big deal, and yet at the same time you had the big day when the discussion about how high the new premiums would be on obamacare, there was not one story in "the washington post" on that story. so there's a lot of energy and a lot of thought that goes into what not to cover as much as what goes into what to coffer, especially whence -- cover, especially when it comes to the bias. jon: leslie, i suspect you see it somewhat differently. >> well, i do see it differently because, obviously, if everybody was in cahoots to have hillary win, you would not have seen those headlines or the trending on twitter -- sorry, donald trump, you were wrong about that -- all trending over the weekend on twitter.
quite frankly, i think any network whether they're cable, mainstream media, if they're a newspaper outlet, they want to make money. they're a business. so they're going to lead with something that their viewers or their readers are going to be interested in. and quite frankly, if we look historically at the last presidential elections in modern day, it is normal for the race to tighten in a couple of weeks before the election because we're pretty much almost a 50/50 divided country, largely partisan republican and democrat. and that's how we see people vote. even hillary clinton said it's going to be a very tight race a while ago and, quite frankly, each though there was a 12-point lead, we know the polls have gone up and down, and not all the polls have been 100% accurate. jon: tammy, what do you make of the criticism that the fbi director is getting? he had essentially closed the book on the investigation, that extraordinary news conference back in, i think, july. now all of a sudden he says, hey, let's open it up again, we've got some new information,
and he is getting pilaried by democrats and some republicans. >> yeah. look, the reason he had that strange press conference way back at the first investigation was because of the meeting of loretta lynch and bill clinton on that tarmac. she met with the spouse of a target during an investigation which is, of course, extraordinary. so he was put in a very political position. in this particular case, we know the new york fbi agents had looked at the e-mails in the anthony weiner laptops and huma abedin labtop there for weeks. clearly, something had occurred, and catherine herridge has just reported on our air that, in fact, the metadata shows that there are hillary clinton e-mails there and many likely classified. so this becomes something very serious for mrs. wiener, it becomes even more serious for hillary if, in fact, that there are classified documents on that laptop. now they have to figure out where that laptop came from, what else social security mixed
in -- what else it's mixed in with. i think he did it, and keep in mind, jon, not doing something is also an action. jon: yeah. >> so whether he did something or waited, both are choices. i think what he did was what he would do under any case, that this was serious, it mattered now, and he needed to report it. jon: leslie, isn't it the case that, well, it appears we have lost our connection -- >> i had nothing to do with that. [laughter] jon: she's been bleach bitted out of existence, i guess. [laughter] okay. well, it appears we've lost our connection to leslie. we apologize to our viewers for that. tammy, since you're still with us, i'll just ask you this question. >> sure. jon: isn't it the case that hillary clinton really has no one but herself to blame for the situation in which she finds herself? i mean, everybody is attacking the fbi director, but if she had never used this private e-mail system which she has acknowledged responsibility for and apologized for, none of this would be happening right now. >> well, of course. i mean, the clintons have, both
bill and hillary clinton, their tendency is to blame the messenger. this is one of their strategies. and be for mrs. clinton, look, she's learned in a lot of ways from her husband who has been the politician, if you will. and i'm a feminist, and i give women all the credit in the world for causing their own success and their own problems. but she's been moved through a swamp of washington, d.c. that in a way creates these kinds of monsters. and a lot of people try to resist it, but this is why there's such success with donald trump's drain the swamp, that it's an environmental, systemic problem, and they happen to be representative of it. so, yes, of course, she is the author of her own destiny. all of us are. and at the same time, she is always in a place -- her husband's known as the comeback kid? she can do certain things here that i think she's incapable of to turn it around. i don't think she'll do it though. jon: all right. tammy bruce and leslie marshall,
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campaign as a cnn contributor. she worked for cnn in the past and over the time of the convention, the democrat convention, she became head of the dnc. and wikileaks, in previous leaks, seemed to show that she was leaking some questions to the clinton campaign that would be asked as part of a cnn event. megyn kelly asked her directly about this a week ago, and donna brazile denied this claim. now we have a new e-mail from wikileaks, and we're going to show you two parts of this. in this e-mail donna brazile writes to the clinton campaign's john poe questions that. un-- podesta. the subject line is one of the questions directed to hillary clinton is with a woman from a rash. her family has lead poisoning, and she will ask what, if anything, will hillary clinton do to help the people of flint? now remember, donna brazile denied she was feeding information to hillary clinton.
that's the e-mail, during the debate this is what happened. >> after my family and the city of flint was poisoned by lead, will you make a personal promise to me that as president in your first hundred days in office, you will make it a requirement that all public water systems must remove all lead lines throughout the entire united states and notification to the united states? [applause] jenna: we're working through the wikileaks documents, we've reached out for a statements, we'll keep you updated as we get more. jon? jon: so donald trump and hillary clinton are running neck and neck in the final stretch of the presidential race. according to one new national poll, clinton leads by just one point in a four-way matchup. a new nbc poll from florida gives clinton just a one-point lead in that crucial battleground state. and another nbc poll has clinton six point toes ahead of trump -- points ahead of trump in north
carolina. so how do we digest all of this? brad blakeman, former assistant to george w. bush, william pearce is a former field director for the pennsylvania democratic party. welcome to both of you. >> thanks. >> thank you. jon: william, to you first. the clinton campaign has suggested that these new revelations about hillary clinton e-mails being on a computer that her aide, huma abedin, shared with her, well, estranged husband anthony weiner, that all of that has been processed by voters, that they don't really care about the e-mail scandal or they, be they do care -- if they do care, they've made up their minds how they feel about it. the problem is we don't know what those e-mails say. we don't know what is contained in this new computer revelation. >> exactly, jon. we don't know what they say. we don't know if they're incriminating or not incriminating. this move is unprecedented and violates the hatch act because
the fbi director is not supposed to get involved in elections, especially this close, within two weeks. jon: brad, give us your take on that. we just discussed that with gregg jarrett a little bit ago, but do you think the fbi director has violated the hatch act? >> nonsense. hillary brought this upon herself. running for president is voluntary and, by the way, you don't get a pass when you've committed or possibly committedded yourself or the ones closest to you criminal violations of law. you don't get a timeout for those violations. and the fbi does not take a pass or stand down. their job is to investigate, and whenever the chips -- wherever the chips may fall, that's the way it goes. these are same democrats that were lauding james comey as a patriot. there must be substantial evidence for the fbi director to do what he did, and he didn't do it alone, in a vacuum. he did it because his rank and
file came to him and said this is what we have, and the fbi director made that announcement. so it's not done in a manner that is not backed up by evidence. and soon we will know what that evidence is. >> jon? jon? jon: go ahead. >> i'm sorry, go ahead. jon, even in the director or's own letter he says i don't have information, if this completely true or not true. he says, and i quote: he cannot yet assess whether or not this material can be significant. so we don't even know what's going on right now. basically, this is the thing, it's two weeks before the election. why does this have to happen right now? jon: but, william, if the shoe were on the other foot and the fbi director had some e-mails about donald trump and held them until after the election, wouldn't you be crying foul? >> i'm crying foul right now because we have direct evidence linking donald trump with russia, and instead the -- >> oh, come on. [laughter] oh, my god. jon: all right. >> nonsense. [inaudible conversations] absolute nonsense.
>> it's not absolute nonsense, okay? >> yeah, it is. >> we have direct evidence -- >> what is the evidence? what is the evidence? >> evidence inside, the evidence is directly that russia is working with -- >> what evidence? >> -- key employees inside of the campaign. okay? >> who? >> we even have direct evidence linking it? >> who are the employees? >> you have the former chairman who just mysteriously stepped down after this evidence came out. jon: well, william, just along those same lines jenna lee just had the update there is evidence that donna brazile was feeding questions to the clinton campaign to the disadvantage of bernie sanders during the debate season. i mean, you know, these -- [laughter] these fingers can point a lot of different ways here. >> yes, they can point in a lot of different ways, but this is the thing, right now we have an fbi director who has said and
did a huge press conference and said i'm closing the book. now the book is mysteriously being reowned two weeks before the -- >> because there's new evidence. jon: all right -- >> brand new evidence. >> here's what we do know. the democratic party is more dangerous to the political process than the russians could ever be. why? because they tried to rig the nomination for bernie. how do we know that? because we have leaked e-mails that came out. and we know that because the dnc chair, at her own convention, had to resign. and then the incoming chair leaks questions to hillary in violation of, certainly, all the ethics and normal conduct that you would expect from a party leader. so it's not the russians i'm worried about, it's the democratic party. jon: brad blakeman -- >> and you should be worried about it too. jon: brad blakeman and william pearce, thank you both. we'll see what happens a week from tomorrow. >> thank you. jon: keep it require here on fox news channel, and join us tuesday, november 8th, for election day. complete coverage throughout the
day and into the night of all the big races. it's all here on fox news channel. do not miss our coverage. jenna: well, a long day ahead for an armed and dangerous murder suspect comes to a violent end. the latest on the chase and shootout that took michael vance out. these goofy glasses. yeah. well, we gotta hand it to fedex. they've helped make our e-commerce so easy, and now we're getting all kinds of new customers. i know. can you believe we're getting orders from canada, ireland... this one's going to new zealand. new zealand? psst. ah, false alarm. hey! you guys are gonna scare away the deer! idiots... providing global access for small business. fedex.
>> voting is being monitored closely, as you can imagine one organization keeping an eye on things, and they're expressing serious concerns. >> reporter: old voting machines, poll workers not properly trained, all warnings from an international watchdog list. foreign eyes are watching americans vote. the vienna-based organization is sending its international observers to our polling places. ambassador audrey glover is head of the mission. >> we're here as observers, and i underline the word observers
because we observe. we're not police, we don't interfere at all in any way. so as i say, we observe everything that's going on. >> reporter: about 250 observers will be deployed across the country in 35 states, the seventh time the group has done this. russia is a member of the osee, no russian on observer will be here. in an interim report last week, the group warned about the country's aging voting machines saying, quote: this has caused concerns with reliability, security and possible malfunctions which could lead to lost votes or long lines at the polls. the report also warns there could be, quote: voter confusion, an irregular application of rules by some polling station officials. >> i'm not sure whether we should be offended or complime observers come to america to see our elections. >> reporter: while he welcomes election watchdogs, he says
previous foreign observers were shocked. >> four years ago they actually had, some of them were walking away shaking their heads wondering how we can conduct an election without voter id. >> i think transparency and confidence-building are two of the things we do attach a a lot of importance to. >> reporter: well, it turns out they won't be the only foreign on is servers watching the polls, the organization of american states, countries from latin and central america, they're also sending observers for the very first time. jenna? jenna: eric, thank you. jon: a dramatic end to a massive manhunt. how police found an armed and dangerous murder suspect and what happened when they did. plus, a radical idea about what to do with the supreme court vacancy left by the death of justice scalia. what one former presidential candidate is pushing now. we're live with that story.
♪ ♪ jon: let's find out what's ahead on your monday edition of "outnumbered." sandra and harris. harris: we're awaiting a donald trump rally where he will likely have new reaction to the latest developments on the hillary clinton fbi investigation number two, both parties calling on director comey to reveal more about those newly-discovered e-mails. what will he do? sandra: meantime, hillary clinton going way negative on donald trump. good move for her? harris: and jim comey's e-mail announcement, the sixth october surprise. who's counting? we are. so far. will it be a game-changer, and how does it compare with other october surprises from past elections? sandra: we will ask our #oneluckyguy, the perfect guy for today, judge andrew napolitano. [laughter] he is outnumbered and already laughing. harris: he's very happy to be here.
jon: he always gives away his presence on the couch. harris: we love it. jon: all right. thank you both. jenna: we're learning more about the end to a violent manhunt for a murder suspect. michael vance jr. was apparently camping out, and even though he ran before police could capture him, he was killed after a car chase and a fierce gun battle with oklahoma highway patrol troopers. vance has been on the run since october 23rd when police say he killed two of his relatives and shot and wounded two police officers. ♪ ♪ jenna: we've had nine justices serving on the supreme court for nearly 150 years, but now senator ted cruz is suggesting not filling the vacancy left by justice scalia. in fact, he says there is precedent for eight justices or even fewer on the bench at the highest court in the land. shannon bream live at the supreme court with that. shannon? >> reporter: hi, jon. well, of course, the supreme court is front and center this election year because there is
an empty seat, and it could be a critical fifth vote for some very hot issues coming down the pike. you mentioned senator cruz, he did talk about this last week in colorado, and he said there's long precedent for there being less than the nine justices we've become accustomed to. justice breyer himself said the court is working well without it. he then went on to say what's most important is people get out and vote for the people who think the candidate will line up with their issues. john mccain just days ago stirred up controversy by saying this -- >> i promise you that we will, we will be united against any supreme court nominee that hillary clinton, if she were president, would put up. >> reporter: mccain's office clarified say, listen, he's just going on her record of supporting liberal nominees and, of course, he'll give any nominee a thorough examination.
the democrats' vice presidential nominee, senator tim kaine, said recently, you know, just in 2013 a few years ago, then-senate majority leader harry reid changed the rules of the senate, essentially blew them up with the nuclear option. it used to take 60 votes to get a nominee moved forward, he changed it to 51. cain now say -- kaine says that could change very soon. >> in the senate when the republicans stonewalling around appointments caused senate democratic majority to switch the vote threshold on appointments from 60 to 51. if these guys think we are going to stonewall the filling of that vacancies, a democratic senate majority will not let them thwart the law, so we will change the senate rules to uphold the law. >> reporter: as you can see though, business as usual here at the supreme court, hearing two cases today. it continues even though they are lacking that ninth member for now. jon? jon: justice merrick garland, or judge, actually, he's been put
forward by president obama. no action on that in the republican-led senate. there has been speculation if hillary clinton is to win the presidency, republicans would rather go ahead and hold hearings and confirm merrick garland, because they feel he'd be more middle of the road than any of her potential nominees. what are you hearing about that? is that even a possibility? >> reporter: i do think it is a slight possibility. there have been some tiny fissures this in that united gop front we've seen for the senators who, basically, control this matter in their hands, those on the senate judiciary committee. it's not budging, but there's been some suggestion if she wins, yes, judge garland would be much less moderate than somebody she would put up. we'll see after november 8th. jon: it is a fascinating time to be there in washington d.c. shannon bream, thank you. jenna: well, new next hour of "happening now," can conservative independent candidate rising in the polls in a particular be state, e van
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let's get you on the right path. call unitedhealthcare or go online to enroll. >> see you back here in an hour. "outnumbered" starts now. sandra: fox news alert. we are awaiting a donald trump rally in grand rapids, michigan where the gop nominee will likely have new reaction to the hillary clinton email bombshell. this as the fbi has a warrant to examine thousands of emails connected to top clinton aide huma abedin this is "outnumbered." i'm sandra smith. here today, harris faulkner, host of "kennedy," on fox business, kennedy, also from fbn, co-host of "after the bell," melissa francis, today's #oneluckyguy fox news senior judicial analyst, judge andrew napolitano, and he is outnumbered. i wish we had more for to you laugh about.