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tv   Happening Now  FOX News  November 1, 2016 10:00am-11:01am PDT

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harris: wow. this is fun. thanks for being here. so food -- good to have you, steve hilton. >> it was fun. harris: what a week. a few minutes for us to pop up online, foxnews.com/ "outnumbered." click on overtime tab. "happening now" now. cannot afford. >> go ahead look at them. >> an october surprise carrying over to november as both campaigns deal with the fbi's review of newly discovered e-mails from hillary clinton's top aide. and one said comey made
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a serious mistake. and the michigan water crisis. reaction to her possibility of her question leaked to hillary clinton before the debate. it is all "happening now". but we begin with the final countdown to election day. welcome to our second hour of "happening now". i am jon scott. >> and i am jenna lee. the candidates are hitting the campaign trial hard. donald trump and mike pence in pennsylvania and they spoke out against obama care. and trump is heading to wisconsin home state of paul 7@s ryan. >> i stand where i stood all fall and summer.  in early voting. we need to support our entire republican ticket. >> hillary clinton is in florida after sharply criticizing the fbi director and said the fbi
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should hurry up and look at the additional e-mails. >> i made a mistake and not makes excuses f. they want to look at more emaims by one of my staffers, by all mean and look at them and they will reach the same conclusion that they reached when they looked at my e-mails last year, right? >> john roberts is live in the trump rally in pennsylvania. >> reporter: we are in valley talked about beginning the process of repeal and replacing obama care and he upped thente and he would convene a special session of congress in order to start that process. heard before. trump contrasting the obama care with hillary clinton who wants to keep it.
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trump said coping#1y obama car will lead to higher price and lower quality. >> if we don't repeal and replace obama care, we'll destroy american health care forever. it is why we must win on november 8th. we must win. >> with open enrollment underway and americans facing double-digit increases in premium and deductibles that run north of $12,000 before the insurance kip kicks in they believe they have a issue they can gain traction on and rally republicans around. mike pence's running mate made that today. >> we need to say with one voice, it's time to come home. it's time to come home and elect donald trump as next president of the united states. it's time to come home and
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reelect republican majorities in the united states house of representative and the senate. and it is time to come home to bring their 30 year obsession with government- run health care to an end by ensuring that hillary clinton is never elected president. >> reporter: so the unspoken suggestion in what governor pence said. even if you don't agree with donald trump, vote on the issue of replacing obama care. that's one they think they can get reluctant republicans back in the tent and polls with between now and november 8th. >> we heard that on the first hour. emphasis on obama care. going to the policy and that's what you are seeing on the campaign trail. >> reporter: bread and butter issues win the day for working class people and so many of those in pennsylvania and ohio and other battleground states. and even if they don't want to
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vote against hillary clinton because of e-mail scandal. vote for what is good for your family and pocketbook. and that is the message that the trump campaign is on today. here we are a week out. john, thank you. new polling with mom mouth university shows donald trump at 52 percent in missouri to clinton's 38 in a four way state. as trump pushes for blue states, pennsylvania, wisconsin and michigan and hoping to get the electoral votes he needs. reel are'll we'll bring in tom blevin. do those missouri numbers surprise you? >> not really. missouri used to be a few cycles used to be be the bell weather. and nowó3>v is republican. it is a dark red state. i think it is good news for donald trump.
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mike pence, imploring republicans to come home. that's what the poll is happening in missouri. you got folks, republicans rallying to donald trump's side. he needs that to happen in other battleground states as well. there is the abc news washington post poll that shows voter enthusiasm for hillary clinton has fallen seven points. the number of voters that are excited to vote for her is fallen by seven points, what does that tell you? >> this was the danger for hillary clinton, not that her hard-core supporters would abandon her on the e-mail issues. it is the mi p lennials who are like bernie sanders looking at gary johnson and moved to hillary clinton over the previous two week and independent voter and undecided voter and ones that are still out there, and if they can't do it because of the latest revelation and decide to stay
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home. if it happen in the battleground states, that poses a risk. >> you mention the e-mails in that answer. is that controversy that is dragging it down. >> one enduring the race, who ever is in the spotlight is suffering. the intense scrutiny in donald trump and now the limelight shifted back to hillary clinton. it started with the wikileaks' stuff and obama care. and so she is firmly in the spotlight with a week left and as you know, which ever one of the candidates it is the worse perceptions that voters have with the two candidates they get reminded of them. that's not where they want to be. michigan is ahead for hillary clinton by six points. but donald trump thinks he can í
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make inroads. does he have a possibility of winning that state? >> the trump campaign likes to think they might be able to pull off the upset in michigan and wisconsin and pennsylvania. and hillary clinton there is decent sized 5 or 6 point leads. we'll have to wait and see if it is much ado about nothing. trump has momentum right now in the closing days of the race and trying to shore up the battleground states and make clinton play defense where she has to. but we'll not kn'mañ and certaiy there is no indication that trump has a chance of scoring an upset in the states just yet. but some of the states, we haven't seen polling that takes into account the recent events. we'll have to wait and exsee. >> she's trying to turn arizona red state blue. we'll see. tom eiwblevin. real clear politics, thank you,
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tom. >> and one week before voters, which states have switched and what it means for the race for the white house and reaction from the analyst who knows a thing or two about the campaign. joe trippi and karl rove. do you think the e-mails will affect the election and down ballots one week from today. go to foxnews.com/happeningnow to join the conversation.
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america's election head quarter ares with changes to the elector areal map one week before election day. and the center for politics moves arizona, ohio, florida from leaning democrat to toss up states. the fox elector map and moving nevada from leaning democrat to toss up. and alaska from leans republican
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and north carolina north carolina is leaning democrat. and joining us is joe tripi. and karl rove and deputy chief of staff. welcome to both of you. and one week to go, joe, this thing is getting more exciting by the day. arizona, florida and ohio, now toss up states according to larry saba to crystal ball. >> he's right about those states and those battlegrounds are going to be be tight. all of these states that are in the battleground territory within a point or two or tied. and they could go either way. the problem the map does portend for trump though, they have hillary clinton with all of the states that are are democratic
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getting 293 electorial votes. and trump could win all of the swing state and ohio, florida, nevada, even north carolina, and take them all and could come up short. that's why, john, he is campaign nothing michigan, pennsylvania and wisconsin. it is not wishful thinking or polling. he has to win one of those blue state and most likely two of them if hillary clinton can pick off any of the swing states. >> is joe right about that, carl. in so many of the recent election and recent history election. ohio and florida determined who the president would be. if trump could win florida and ohio, in your view could he lose the election? >> he could. but far more likely win with them than without them.
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206 that mitt romney got. and if trump wins florida with 29. 235 and ohio 253. and he's ahead in iowa and that would get him to 259. and then it is a question of finding 11 votes in nevada, and new hampshire and north carolina. north carolina would give it to him. that is a state that is resistant. but it is important when you are in the situation, buy yourself a couple of insurance possibilities. i would concentrate on half of those and not four of them. and pennsylvania. but you got to buy yourself insurance policies. she has the advantage because she has 242 electoral votes that the democrats carried. and he has to take 1 or 2 states away and run the table on the toss up states.
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>> in your view, joe, is it truthless to campaign in michigan and pennsylvania? >> no, not at all. i agree with carl though, he picked too many of them. it doesn't make sense to spend the time he's spending, pick wo or three and go for it and put your money and time in those state and i don't hold much hope for him in pennsylvania. that is a trap for years for the republican ares and it always looks like it is gettable and that is a mistake. carl might disagree. wisconsin might be fertile territory for him. the odds are that she will win some of the states. i am not saying she wins ohio and florida. but she will win some of them that are tied. and he's got to have insurance
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policy and pick off wisconsin and hold on to arizona. and if she can pull that off. it looks doable. it is risky for trump that she could take it. and there's a lot of different ways she can take this it. even with him getting a bunch of the swing states. >> what about georgia and utah. we had ed mcmullin. he's running neck and neck in utah. it is six electorial votes and the death. >> i think the investigation of hillary clinton's e-mail and normal tendency for the republicans to return home, means that there are states that are on our map today that are not where they are going to end up being. utah i think is one of them. utah, we have it as a toss up on
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the fox news. i think the event ises and the natural closing will mean he takes a victory in utah. i think this solidifies his position in georgia and in iowa and make its less likely that it is a toss up and slightly lean republican. and arizona, where she's investing time and energy and money will be a trump victory. underneath the surface and the enthusiasm since the reinvigoration of the fbi and the republican side. it may not be be enough to solve the entire election? >> but it will make republican leaning states be more. and it will have down ballot affects. missouri and indiana, those his margins will improve and that helps the senate candidates in those state and similarly in north carolina and nevada, i
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think his position will strengthen and that helps down ballot candidates as well. >> thank you. >> a mother's question about flint's water crisis making national news now. the question was apparently handed to hillary clinton ahead of time. the mother joins us next. ♪ before it became a medicine, it was an idea. a wild "what-if." so scientists went to work. they examined 87 different protein structures and worked for 12 long years. there were thousands of patient volunteers and the hope of millions.
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>> cnn confirming that they have parted ways with dnc chairman
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donna brazile after she appeared to have shared a question to the clinton campaign ahead of a cnn town hall debate. one of those e-mails reads this. one of the questions directed to hrc tomorrow is with a woman with a rash. her family has lead poisoning and she will ask what if anything will hillary do as president to help the people of flint. this is how the questions played out as lee ann walters asked hillary clinton. >> after my family was poisoned by lead will you make a personal promise that as president in first 100 days in office you will make it a requirement that all water systems must remove lead throughout the united states and to citizens. >> i am joined by walters whose
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family is impacted by the water and leean an great to be on the program. >> thank you for having me. >> i want to talk to you about contaminated water in a american city. what is your reaction over the last 24 hours of looking at a leaked e-mail that appears to have given your question ahead of time to one of the candidates? >> i was disgusted by hillary's answer when she answered it and i am more so now. and i feel she should be disqualified because she had had an advantage she shouldn't have had. >> let me play her response. >> i want to go further. i want a absolute commitment to getting rid of lead. not only in water systems, but in soil, and it is in lead paint that is found in mostly older
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home and that's why 500000 children today, have lead in their body ps. and so i want to do what you said. we will commit to a priority to change the water system, and we will commit within five years to remove lead from everywhere. >> why did you not like the answer? >> it is a cop-out answer to take it away from water and put it to other things. she will be in eletted four year and not five and so how does that work? >> how were you involved in the cnn debate p. you are active on this issue in flint, michigan. what is your family's experience with the lead poisoning? >> well, i have five-year-old twins, and one of them is diagnosed with lead poisoning and the other one was exposed
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and he has grown in 22 years. and both of my boys have hand/eye and speech issues and impulse control from lead poisoning. >> so this is an issue. we are looking at your darling children. they are cute. and i can't imagine what it is like to deal with and come to the realization that the water you think is clean is not in the city you are live nothing. how did you get chosen to be part of the cnn debate. >> cnn asked me. and i submitted three questions. >> and then what happened. >> it was narrowed down to the question i wound up asking. >> did you speak to anyone else about that one question that you were going to ask of the cand upon -- candidates. >> i referred to two of my
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mentors for guidance if they thought it was good enough question to be asked and those are the only people who had that information. >> beyond cnn, was your question able to get to someone like donna brazile. >> no. >> only through a producer at cnn or someone with the cnn organization? >> i don't make assumptions for one. i don't see them giving it to anybody else. >> what caught everyone's attention when we saw the wikileaks document, one of the questions directed to hillary clinton is a woman from a rash. could you have a rash? >> i do have a rash since june 2014 and never goes away. i can show it. >> no, we take your word for it. and that's because of lead poisoning? >> it is from a change in the water source. and i developed it in june and
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my family developed rashes and we battle them to this day and after what ever was in the water. >> we know this. and someone could say we are not sure this is the exact woman. but based on the description of the e-mail and content, it appears that you are the woman that donna brazile gave heads up. you are undecided and given your experience now. seeing that perhaps your question was given ahead of time. where do you stand and what will you do come voting day? >> i am very undecideed at this point. i have been comtemplating not voting for the first time ever. i just don't know if i can go through the not voting part. i have a hard decision. >> when you think about donald trump. you you felt disgusted that hillary clinton got the question ahead of time. what are your thoughts on donald
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trump? >> no comment. >> okay, that's fair. >> and we are going to finish up and you are out of time. how is the water situation in flint? what is happening there? >> we are still not fixed and we are having issues with lead in the water and chlorin in the water and since the emergency response in august, people are under the misconception it is fixed and it is not. >> you can't drink out of the tap in flint? >> specifically in my home, i cannot do that. we have no chlorine in my home and told bite epa we cannot. >> what will take to fix? >> we have to get the lead pipes out and fix the intrastructure. >> and the question for you is who is the leader that will do that, right? >> we'll see who america chooses
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and what an interesting turn of events. you know a lot about the subject and sorry your family is impacted and we want to see what changes can be made convictly. thank you for your time. >> thank you, bye-bye. >> as federal agents sift through thousands of e-mails, a former attorney general and slamming the fbi director and eric holder said james comey's decision to write a letter to congress was a big mistake. >> new developments in the gang rape story discredited in virginia. our legal panel weighs in next.
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snashgs "happening now". federal agents working overtime to comb through thousands of emaims and justice department offering to expedite the review of the e-mails found on the computer of hillary clinton's top aide. the fbi is using sophisticated technology to do so as is catherine herridge who reported on this. this as eric holder out. i am deeply concerned about fbi director's james comey's decision to right a vague letter. and that was incorrect and violated long- standing justice department policy and tradition.
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>> director of the public affairs office, matthew miller and tom dufree deputy under george bush. matt, why to you feel strongly about the issue. >> first of all, doj rules are strict about when it is appropriate to comment on an ongoing investigation. almost never. only real exceptions are in a matter of public safety which this isn't. and director comey violated those in july when he went far beyond the rules. and he compounded it friday when he violated another guide line that department employees are bound by and spoke out about an ongoing matter close to an election. usually they don't do that within 60 and he did it 11 day and abuse of his authority. >> tom, what do you look?
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>> i understand the concerns of timing and it is unusual. but what might be getting lost in the shuffle. if they were produced originally, we would not be be in the situation now. i think director comey was confronted and realized he had exonerated in hillary clinton, he may have done so on an incomplete record. and he was being transparent and advise congress. >> effort to be transparent and not malicious, what do you think about tom's argument? >> one of the problems is we don't know if they are new e-mail and director comey doesn't know if they are new e-mails. they might be duplicates in o new information. one of the issues. investigations are not supposed to be transparent. the government is supposed to do them quietly and in secret. you hear things in investigations that are damaging
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to the individuals and prove not to be true at all. >> that is an interesting point. we hear from law makers and political figures that transparency is paramount. but to the point that the fbi is not transparent and should be more secretative because of the investigation. what do you think about that argument? >> nothing about the investigation has been usual. i think one thing all of us agree on, as far as transparency. it would behoove the fbi to expedite it. the clinton supporter ares want it and the opponents want it. if the fbi can determine ideally within the next week whether in fact they are duplicates or something more troubling here. >> it is interesting for the headline and we all want to know more about it, matt. we are in unchartered territory and never had a secretary,
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a cabinet member that had their own server. there is arguments about the personal e-mail. in that case, isn't james comey having to set the precedent because we are not here before. >> we are are here before in to investigations of public officials. it is first time of one of this nature and he was in a difficult situation. but that was on his own making. he had made mistakes on things that fbi directors never update congress on. when you are getting critized no matter the outcome, follow the rules and follow the precedent. and if people don't like the outcome, can you say you followed what previous people did. >> my thought about it. if the attorney general wanted to direct comey not to advise comey it was within her power to
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do so and she decided not to and comey is taking the hit for it. >> headlines, searching for them and just waiting. great to have you both. >> thank you. >> new information now on a story we followed on "happening now". attorneys are making closing arguments in the defamation trial against rolling stone magazine for the discredited article of a gang rape in university of virginia. nicole rom me is seeking 7 million and she was dean of students at the time it was written. we'll take it up with elis wiehl and james. >> the judge threw out part of the claim that former dean a
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ramo brought against the magazine. >> it hurts her are a bit. her lawyers threw in there at last-minute. saying pretty much that the article by itself or in total defamed her without looking at specific inflammatory statements. you can can't say the whole article defamed her, but look at specific elements and specific statements. and in fact, there are three statements that are still in play. defamation by implications is out and hurts a bit. but what hurts her more, is that they are looking at her as a public p figure. and the standard of malice hurts her more. >> that's what i don't understand. yes, she was a dean of students in a large university but that doesn't necessarily make her a public figure and the judge decided it does. >> the article was written by
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rolling stone before they set foot on uva's campus. and this drive by journalism should make us jurors. the jurors had an opportunity to declare that sort of journalism unlawful and discourage it from all outlets. it is is confounding the dean by defending herself from the article made her a limited purpose public figure. and she was in my eyes, she would have had to been a limited purpose public figure prior to the article being teased before it was released. >> you said the ophrahative word. part of the defamation suit. and not just the article itself. the rolling stone played it out in the media and she had to play it out as well. >> and john winter, founder of
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rolling stone and in a deposition in court, i don't stand by my own magazine's decision to it retract the article. how do you explain that? >> by adding or declaring the plaintiff a public figure adds an element of malice. and it is mostly true defense. and to say we got most of it right and therefore, you can assume we did not disregard the truth recklessly. and if you can't prove actual malice, you will not be be successful on the claims for the plaintiff. >> and the author wanted to write a story about how rape takes place on college campuses and the college turned a blind eye. and finds jackie with a brutal story which turns out to be bogus. >> she doesn't try and doesn't interview the perpetrators.
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and in fact, there were none out there. it was not a criminal case. and it was a preponderance of the evidence standard. we are not looking for a criminal conviction here. it is it a higher standard of actual knowledge and a lower standand of the preponderance of the evidence. >> and the dean was portrayed to be blithly not caring. >> right. >> if i was plaintiff's counsel, i would go through all of the facts that were not true but all of the things that were not done to justify to print the article. >> it goes to her damages as a woman and don't and going forth and psychological damages. >> closing arguments and we'll let the viewers know when the
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verdict comes. donald trump continues to hammer hillary clinton over the e-mail and hillary clinton slams the fbi director saying there is no case, the clinton supporter, next. for lower back pain sufferers,
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and helps you get back to things like... this... this... or this. and back to being yourself. introducing new aleve direct therapy. find yours in the pain relief aisle. >> mr. trump is doing well in florida, and iowa and ohio and we are leading and we feel confident we are going to win. just today we announced an increased advertising buy. in the michigan and new mexico. those are dead heat and this is i think because of mr. trump's message. we are on offense and that's the difference. >> that was jason miller, feeling good about his team's chances earlier today on "happening now". and in the wake of the fbi announcement, they are looking in more emaims.
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the clintons say there is nothing to see even as the polls are tightening. it is nice to have you back, ambassador. >> i know you are are not part of the clinton campaign strategy team, but as a supporter, how do you feel the latest revelation by the fbi is impacting your candidates chance to get to the white house. >> i think that director comey has done something that is really inexplicable here. vilighting the key guidelines of the justice department and fbi about talking about an ongoing investigation. and of course, he intervened well within the 60 days before an election in a way that may have damaging consequence and that is simply beyond the pale. and for that reason, i feel the same way many former senior bush
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administration and senior obama and clinton administration officials do. that he has done something that demands more explanation because he is damaging the democracy as deputy attorney general jamie gurella and larry thomps an said. >> sound ises like you are concerned about it damaging hillary clinton's chances for the white house. >> we are a week out and we know the polls look like. and i very much hope the american people have made up their minds. but you you shouldn't take anything for granted in a presidential race and this is one of the most remarkable acts like a senior upon government official in recent memory. >> when jason miller joined us. he talked less been the fbi investigation but more about the decision hillary clinton made to it have a server in her
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household. some make the argument, having the server in her home. what do you say to the undecided voter. you know about national security and that concerns me about my r am concerned about national security, what do you say to that citizen? >> she recognizes the error and she apologizes for it. she is very intelligent, she learned the lesson, she won't do it again, and communications at the state department were incredibly challenging and there was many times we're on the road with our laptops and blackberries and we had a very hard time communicating the way we needed to. this is not a threat to our national security, and from what
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i know about the e-mails in question, no serious analyst will consider it a national threat in any way. >> we had a gnatter on that thinks our security is in trouble.
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hi everyone, what if donald trump was the one being investigated, and new evidence was discovered just two weeks before the election. how bill clinton may have blown a $6 million donation. and are you one of the millions of american voters that went early? what do you do if you wantchang?
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an option you might have in certain battlegrounds. we're back with daniel benjamin, a hillary clinton supporter that doesn't think the e-mail controversy is a threat to national security. our guest last our tis agrees with you and he wants hillary clinton's security clearance revokes. >> director comey did not cause this. this was caused by a server that should have been secure, was put in hillary clinton's home and managed in a way that clearly made it open to our enemieenemi. >> i think it is absurd. this is a woman that dealt with many of our nation's secrets for many yeahs.
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what was going on there is usually aides trying to tell her what was going on and there is no basis for that chart. we have russia meddling in our election, and this is going unaddressed by the authorities and unremarked upon by trump supporters who seem to be perfectly happy to have russia become our new best friend despite their horrific record in syria, ukraine, crimea. i want to know when they embraced russia as our ally. >> we would like to have you back to talk more about russia. one of the clips we continue to play is the handing over the reset button. we would like to come back and talk about that revolution and
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what we have to look forward to. nice to have you on the program, we look forward to having you back, thank you. >> sure. >> we'll be right back with more. smart kid. indeed. it's good to be in, good hands. feel free to be yourself all day.... just switch from denture paste to sea-bond denture adhesive seals. holds stronger than the leading paste all day... without the ooze. feel secure. be yourself. with stronger, clean sea-bond.
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>> thank you for joining us everybody. we begin with a fox news alert. t minus seven days until the election, likt is no longer ahead in the polls. enthusiasm has started to fade. the bureau discovered additional e-mails that may be better nemt to the clinton investigation. washington post tracking polls, donald trump for the first time since may now has a one-point advantage over hillary clinton nationwide. and with wikileaks releasing hacked e-mails on a regular basis, coupled with that fbi

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