faces a year in jail. and he resigned. the man who ran the adult website ashley madison steps down from his post as ceo of avid life media. >> that's it for us. see you back here at 10:00 eastern for newsroom. i'm michael smerconish. we have lots of ground to cover. what's going to happen when two of the world's most powerful people face-off on immigration? i'm talking about the pope and donald trump. and is hillary clinton the victim of a witchhunt? that's the belief of a prominent female democratic senator, claire mccaskill is here. also, people take selfies everywhere, including inside the ballot booth. should that be legal? well, meet the man who got called in for questioning by the authorities because of a ballot selfie. but first, donald trump took his road show to massachusetts last night at a friday night presser before a fund-raiser.

he praised quarterback tom brady, hammered cnn and continued to respond to questions with soundbytes, not substance. take a look. >> female voters that are looking to potentially support you, what do you want to say to them because there's been some criticism. >> you know, i think the female voters, look at my daughter, my wife, they feel so strongly about the women's health issues and said to me, you know, there's nobody that feels more strongly than me, it's true, women's health issues, as you saw jeb bush was really, almost against it. it was terrible. where he didn't want to fund women's health issues. and i will tell you, we will work together and we're going to take care of women. i cherish women. and my daughter and my wife said, you have to talk about that because they know how i feel. >> that lack of specificity thus far has served trump well as he continues to lead in the polls. and it motivated comedian jimmy

kimmel to create trump's first campaign commercial. >> donald trump, a man with a vision for america. not a specific vision, a great vision, the best vision. donald trump has a plan for making this country great again. what plan? a great plan, a plan that will work because it is the best. why? because donald trump knows good people, which people? the best people. people who aren't stupid like other people. people who know how to get deals done. what deals? great deals. the biggest deals. deal or no deal. let's make a deal. >> we want deals! >> make america great again. donald trump. >> i'm donald trump and of course i approve this message because it's a great message. and i have lots of money to pay for it.

>> so how long will this performance last? bob beckel is a former fox news host. and michelle bernard is an independent political analyst and huffington post writer. how long does it last? >> i think it lasts a lot longer than people think. last i looked he's still around. this guy sucks more air out of the wound than anybody else. and you can imagine being one of the other 16 republicans, the only time you get any air time is you got to attack trump and that's dangerous. or you have to do something to follow-up on trump. here's the point. who is donald trump? who he is is not a politician. what does help stand for? what washington stands against. in other words, he's a guy that has tapped a vein in the american body of politics.

much like ross perot did in the '90s. in fact, go back to george wallace when he took votes away from democrats. i think trump has some staying power here and he's got the money to stay in and the rest of them can't find oxygen. >> michelle bernard, does he have enough saying power to ultimately capture the gop nomination? >> i don't think he has enough staying power to ultimately capture the gop nomination, but he has enough staying power to continue to do a lot of damage, at least some people would say damage, other people would say that what is happening within the republican party because of donald trump is a good thing. and what we're seeing is donald trump quite frankly might be the product of a republican party that didn't the electorate. and thought when voted in repeatedly their constituency wanted republicans to come into office and basically be in charge of making sure nothing happened during the presidency of barack obama. and so many republicans are

saying, we are tired of you promising this and this and this and absolutely nothing happens. we want a candidate who is not a candidate. we want someone who tells us the truth, what they think, who doesn't give the political typical response. and right now that person is donald trump. and because of it, i think he'll be in it for the long road. the other republicans still give us political answers. >> i want to roll a clip and get your thoughts on this. >> so you have a silent majority of this country that feels abused, that feels forgotten, that feels mistreated. and it's a term that hasn't been brought up in years, as you know. people haven't heard that term in many years and it's sort of interesting as to why. there are all different reasons but it's a very descriptive term. >> bob beckel, is that political

correctness run amuck? >> well, he can be as incredible as he is. that same message was richard nixon's comeback in 1968. it was george wallace in 1972. you go on down the line, ross perot, the forgotten people out there. they give trump enough votes. the whole cast of -- you can't possibly, jim gilmore, he used to be the governor of virginia, that guy hasn't been heard from. i mean, i have not heard anything from him.

>> why? i will give him the benefit of the doubt seeking people. do you see anything different? >> i'm unwilling to give him the benefit of the doubt. when you go back to look at the history of the way richard nixon used the term "silent majority." the intent by anyone who analyzed that original speech has said that the intent was to gavelize white people who were angry and felt like a civil rights movement at the time had run amuck. using the term state's rights when announcing his presidency in mississippi, his candidacy in mississippi in 1980, just a few miles away from where many rights workers were married in

1964. it's a way of saying we'll take our country back from the african-american president. from the criminals and others, the unemployment rate is so high because businesses have left the country. they are not prepared for the workforce. and it is easier for them, president obama said back in 2008, he described the sector of the electorate that clung to guns and things. >> i want to show you what martin o'malley said yesterday at a dmc event.

>> this is totally unprecedented in our party's history. this sort of rigged process has never been attempted before. >> bob beckel, is he right? is the process rigged to hillary's benefit? >> well, i've negotiated the debates before in the democratic party. the question is, those established in the democratic party are hillary votes. and the last thing she wants is to give somebody a whole lot of debate time. and she's not a good debator. she can make a lot of mistakes. if you are hillary clinton right now, you have to maximize your attributes so o'malley has a point. he's bitter and can't get any traction.

bob beckel, michelle , thank you so much for being here. polling indicates there are more in the silent majority, will that win the election for trump? i want to remind everyone what you wrote for "the post" in 2012. we'll put it up on the screen. you said, assuming that the democrats replicate their electorate success with voters two years from now to win 50.1% of the vote, we estimate republicans need 64% of the white vote, which would be a record for a non-incumbent presidential candidate.

is it possible for a republican candidate to get to 64% in the white vote in your opinion? >> hey, mike, pleasure to be here. it's extraordinary number to hit. mitt romney hit 59 which was good enough for george w. bush to win when running for re-election. in order to win, you have to polarize the electorate. that's assuming that the republican does as well as mitt romney did among minority workers. mitt didn't do all that work for minority members. >> right now we're pushing the hispanic vote away with donald trump's response. >> there are two ways to get there. you either get this as a republican, this unprecedented

number of white voters, the 64% to 65% what you are telling me is unattainable, or you growth the tenth. on that score, i want to put on the screen the result of a gallop survey that polled on the republican candidates and found that donald trump has a negative 51% approval rate. what does that mean, by the way, neil? >> what does a negative 51% approval reading or rating mean? and that's among hispanics, i hope i'm making that clear. because i get called to my radio show with people saying, michael, i think trump runs well with hispanics because those played by the wheel are mad at those toting the line. >> the key number in there is

that many people have a favorable view of donald trump. usually you get a vote from those with a favorable impression of you. if he calls the teens with hispanic voters, what that means truthfully is to in -- >> put this up on the screen. george will's noted column this week. in 1988 george h.w. bush won 59% of the white vote, which translated into 426 electoral votes. twenty four years later romney got the same 59% of the vote and now it was worth only 206 electoral vote. isn't that in a snapshot the problem that's faced demographically by the gop, neil? >> yeah. and it's obviously a challenge. i mean, there's no getting around it. we have to do better with

minority voters but they are -- >> go ahead and explain it. >> okay. for the last six elections, 18 states have gone democratic in each of the six elections equally 242 electoral votes. that means that you only need 28 more electoral votes. the democrats could build an advantage right now and that is based on past electoral results, but they have to build an advantage here with a head-start in the race. it is like running a mile race and the other guy is starting 220 yards ahead of you. >> by the way, demographics are not on the long side of the gop. they have to grow the ten. thank you so much for being here, neil. neil newhouse. coming up, is the most

important player in the 2016 election about to touch down in america? pope francis is coming to the united states. is he headed for a collision course with donald trump on immigration? and some democrats aren't exactly happy with how hillary handled her e-mail problems. the former chair of the department will have more. did you know that good nutrition

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hillary clinton's e-mail problems are causing a problem for some in her own party. the private e-mail server has driven up the number of pollsters that find her untrustworthy and worse. the friday new york times reported top democrats are worried she hasn't done enough to put the issue to bed. but one prominent clinton supporter calls the whole thing a witchhunt. she's claire mccaskill, the democratic senator from missouri and also the author of a brand new book, "plenty ladylike." it's a memoir about the woman who helped get her elected. you were the first member of the

missouri state legislature to be pregnant while in office. you were the first female to be elected to be the united states senate from the great state of missouri as well. would you be in the united states senate today but for rush limbaugh? >> you know, he really helped out. you know, the 2006 race, people may remember that michael j. fox did a powerful ad on my behalf over the issue of stem cell research. and rush limbaugh made fun of him and mocked his physical movements in the video of his radio show. and as a result, i had an outpouring of support near the end of the election that could very well have made the difference. our server actually gave up because we had so many people wanting to help us out after rush limbaugh, i think, embarrassed himself by making fun of michael j. fox's disease. >> so fair to say that rush limbaugh helped elect claire

mccaskill to the democratic senate? >> i'll take it. that was probably a bridge too far. >> in the first presidential election, you said hillary clinton is the subject of a hitchhunt. why? >> just recently, for example, a poll came out that showed hillary clinton, her unfavorables are lower than donald trump's. she's beating all the democratic challengers handedly and those in the gop primary handedly. and the headlines are, hillary not doing as well as joe biden against potential republicans. it's almost as if there's a stubborn notion that she can't be as popular as she is. and it's frustrating to me because all of the incoming is focused on her. and it seems as times tremendously unfair. >> but when you go to the internals of those polls, senator mccaskill, you see a majority of americans view her

as untrustworthy. >> they do everybody in government. this is not -- anybody who has been in elected office and in the public eye as long as hillary clinton, this is not a time in america where any politicians have warm and fuzzies. even donald trump, who is clearly the flavor of the month, has very high unfavorables. so i don't -- i think you have to put all that in context. at the end of the day, we've got to figure out who has the strength and stability to lead this country. and so far, to me, hillary clinton is head and shoulders above the field. >> the friday "new york times" had a front page story with a three-person biline saying they elected government officials and party leaders that included this quote pertaining to secretary clinton. and i read it because it was from the former head of the dnc.

they've handled the e-mail issue poorly, maybe atrociously, certainly horribly. the campaign has been incredibly tone-deaf. they are just left playing defense. do you agree with ed rendell's assessment? >> hillary clinton said herself, i made mistakes in how i handled this and should have had two e-mail accounts. but really, there's only smoke here. it's stubborn smoke but it's just smoke. and the policy was clearly allowed. obviously, other secretary of states had done the exact same thing. and there is absolutely no factual basis she has done anything illegal. and the idea they keep pushing this, they just keep figuring if they say it often enough it will become reality. and facts are ultimately going to win out. >> final question, do you think vice president biden would be seriously considering a run if he didn't think that there were

some significant questions that she still needed to answer? >> i -- here's what i honestly believe. i believe that if hillary clinton had originally said i'm not going to run and joe biden was out there campaigning, they would all be picking apart joe biden. all the headlines would be about joe biden's gaffe or joe biden this. or joe biden and osama bin laden. and then maybe the press would be saying, well, maybe hillary clinton is reconsidering and maybe she'll be running now. i think this is a function of whoever is in the lead is the one that gets all the negative focus on them. and therefore there is a certain kind of reaction that may be somebody else is better. at the end of the day, i obviously support hillary clinton, but i also believe that joe biden will not run. >> senator mccaskill, thank you so much for being here. >> thank you, michael. up next, the pope visits next month and many are wondering how the newly bible-thumping candidate donald trump will react.

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welcome back. will donald trump meet his match when the pope arrives here in a few weeks? check this out. in a few weeks pope francis will visit our fair land, a fitting pivot from the summer of trump, closing out a episode of for a narcissism, rudeness, frivolity and more. last week i showed you donald trump telling an iowa crowd his favorite book is the bible, but this shows the church of knowledge doesn't run very deep. >> the bible means a lot to me but i don't want to get into specifics. no, i don't want to do that. >> an old testament guy or new

testament guy? probably equal. i think it is just an incredible -- the whole bible is incredible. i joke very much so, i say that the bible is something very special. >> to discuss this and change the pope? andy road pope francis and the new vatican and e joins me now from houston. robert, you wrote that the pope is an acute social observer, surely he knows he's arriving in the thick of a presidential campaign where immigration is dominating the debate thus far. how do you think he'll react? >> well, yeah, michael, when the vatican scheduled his trip for

pope francis several months ago, i don't think donald trump was on the radar, but he is on pope francis' radar and effectively he'll be the audience of the speech that pope francis gives as you mentioned to the joint congress on september 24th. because for pope francis, inequality, racial and economic is a prominent issue. one of the first things he did when he became pope was to visit the island of lampadooza where a lot of libyan refugees arrived by boat. so the message he wanted to send from the very outset was one of outreach, tolerance. and so the rhetoric of donald trump that's contrary to that i think is something he's going to directly address. >> do you expect that as you put it, the rhetoric of donald trump is on his radar screen? i mean, is the pope politically savvy? >> yes, he is. he is not savvy in the sense that he follows the horse race,

but he reads newspapers, three or four every morning. he himself is not a social media person. i hope this doesn't disappoint his millions of followers, but he isn't the one doing the tweeting on his twitter handle. but he does really follow politics. he understands the dynamics at play. he certainly understands he's arriving at sort of the on-ramp of the presidential contest. and i think that his comments to the congress are going to reflect that. >> you wrote this, if i could put it up on the screen, i circled this in national geographic. he is, the media would have it, a reformer, a radical, a revolutionary. and he is also none of these things. what does that mean, robert? >> it means on the one hand i'm not convinced he's going to change doctrine. i don't know that he is going to, for example, toss out the notion that a priest must be salvant. i don't know if he'll allow the

ordination of women into the priesthood. but he has changed the tonality. he talks about the need for love. and i think him doing that, and encouraging all catholics to reach out to the periphery, not simply to be the church that has a list of do's and don'ts, but to go after those people alienated is frankly a radical concept. however one that has been preached since jesus christ. >> here's an indication from my hometown. i hope you can see that in philadelphia of just how big the papal visit is in philadelphia and of course, washington, d.c. and new york city. my question is, as you look at his public events over six days, and i'll put part of the calendar up on the screen. what are you circling for political significance? is it the meeting with the

president? the speech to the joint session of congress? the open air mass in philly? for political purposes, where should we be paying attention? >> i think at 9:20 eastern time in the morning on september the 24th he should be paying very close attention to the speech he gives to congress. by the way, we should note the form former latin american born and raised in buenos aires, this is his first trip to the united states and has never been here before. but when he makes these speeches, he does the most of them. he did this when president kirchner was sitting in the audience. he'll do the same thing at this etch into. it is very likely he'll talk about income inequality and talk about climate change as well since that's a subject that's been near and dear to him since witnessing the destruction of the rain forest when average bishop. but now we'll talk about immigration and the need for tolerance and the need to

basically cast aside a sort of painful rhetoric here in the south. >> that's why i think he'll set the tone for the fall portion of this campaign. a final question, if i might for you, you report in national geographic that within two years of his papacy he's appointed 39 cardinals. and when i read that, i said it sounds like a role akin to a president and the supreme court of the united states. in other words, is his imprint going to be left on the vatican for a long after he's no longer the pope? >> that's clearly his intention, michael. i mean, he's already said that his papacy is not likely to be a long one. that he wants to follow the precedent set by pope benedict and renear a few years or so. but it's clear he doesn't want the progress that the catholic church has made under his papacy to be rolled back. so he's appointed cardinals that are much more, frankly, are not old school, not as insidery as those in the past.

so whoever his successor will be will be picked in a conclave by the cardinals who clearly have a -- who clearly embrace the point of view that he does, that the catholic church has got to be more open. >> the national geographic piece is terrific. congratulations, robert draper. thank you for being here. >> my pleasure, michael. coming up, what is wrong with taking a picture of how you voted and then posting it on the internet? well, for starters, it might not be legal and it could cost you. . because you believe in go. onward. today's the day. carpe diem. tylenol® 8hr arthritis pain has two layers of pain relief. the first is fast. the second lasts all day. we give you your day back. what you do with it is up to you. tylenol®.

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nowadays everyone is taking selfies and posting them on social media. but in some situations it is illegal. one place in particular is the voting booth. why? because your selection is supposed to be private. now a federal judge sitting in new hampshire had invalidated a law that made it illegal to take a ballot selfie. andy languaing fought the battle

after taking a selfie and won. andy, did you move because of the selfie skirmish? >> no, i didn't. i moved for much better weather. >> okay. that makes sense. so what happened? tell your story. >> well, i was in the voting booth, we had the local primary, or actually state primary, and i just wasn't happy with the offerings on the republican side, just everybody was unsatisfactory. not representing either the local citizenry or the citizenry of new hampshire. so i just wrote in a candidate, took a picture of it and posted it later that evening. and within -- i don't know what the quote was, but i'm sure it was that i didn't enjoy the offerings. and then a few days later i got a phone call from the local

investigators wanting to know more. >> i think you said, everybody sucks, so therefore i'm voting for my deceased dog. >> yep. >> when the general authorities contacted you, did you think somebody was goofing on you or did you know it was for real? >> absolutely. i thought somebody was playing a joke on me. >> why do you think you should have the right to take a selfie inside a ballot booth? because some say it is a threat to ballot secrecy and integrity? >> it's a true first amendment right issue. am i allowed to express, in my case, a protest vote and i did. and i think that -- you can obviously keep to that as well. >> one final question, what if an employer says or a parent to a child says, i want proof that

you voted for candidate x, y or z. so send me your selfie. >> that's just a moral question that they would have to answer and justify to themselves. >> okay, andy. thank you so much for being here. good luck. >> thank you, sir. i want to bring in a legal expert. in an opinion piece for reuters entitled why the selfie is bad for democracy, the university of california at irvine writes, quote, without the ballot-selfie ban, we could see the re-emergence of the buying and selling of votes. professor hassen is joining me from los angeles. we should point out this is not just new hampshire but a debate playing itself out in maine, oregon, utah, where they permit this type of a picture to be taken. i think that indiana has recently passed a new law saying we don't want this to be taking place. >> that's right. and there are actually a number of states where the law is simply that you can't share who

you vote for with anyone else. that would work the same way than if you did this, you're violating that law. >> give me the background for your opinion. what's the basis for it? i hear from many individuals who say the pure embodiment of the first amendment is when you vote. my god, why not be able to record the process if you choose to? >> absolutely. people should be able to cast a protest vote. they should be able to tell everyone about it. the problem is that you can prove how you voted with a picture of your ballot, it opens up the possibility of the buying and selling of votes and opens up the possibility of coercion from your employer, spouse, union boss. and we don't want that. we know that as states in the country and in the early 20th century adopted the secret ballots, turnout went down because you could no longer engage in that transaction. you couldn't prove how you voted and people were much less likely to pay you to vote one way or the other. >> in other words, a quick history lesson, we used to have a very public ballot until we

adopted what is referred to as the australian ballot. and you're saying when we went secret, fewer people proportionately than participated in elections. >> that's right. so people used to actually go on a kind of parade, parties would print ballots and they would be different colors so everyone would know how you voted. and there was a lot more coercion there, you were pressured to vote in a certain way. and that's illegal. vote buying is illegal. so i think that people should be able to express themselves and be able to vote how they want, but we shouldn't let them take the actual picture of the ballot which can allow for the buying and selling of votes. we have seen it with absentee ballots in certain parts of the country where people are buying and selling them for $20. that's a real problem and that would open up another venue for buying and selling votes. >> professor hasen, i read the federal court of appeals in this case and it discussed the rumor collegen students were being paid $50 to cast their ballot

but there was no evidence it was anything more than a rumor. but the judge in this case seemed open to the idea of upholding a law like this if there were proof of coercion. >> right. so it's a first amendment issue and you've got a ball los of the interests. one of the points i make in the reuters you mentioned, you don't lose the first amendment impression. your last guest could have gone to facebook and said this is how i voted and why and these candidates suck, say all that, that's all good and fine. we just don't want the picture. as we develop more cases, and i'm guessing this one is going to be appealed by new hampshire, we'll get more evidence. but i would like to what has happened with vote buying and absentee ballots in certain parts of the country and use that as potential evidence for what the problem is here as well. >> and just to play devil's advocate, vote buying by intimidation can still be against the law. we can still prosecute the crimes. really the picture doesn't make much of a difference. >> well, i'm not worried about

people posting the stuff on facebook. i'm worried about people snapping the picture and using it to engage in vote buying or not sharing it with anyone else. certainly prosecutors shouldn't go after people just expressing their first amendment rights. that's not where the real problem is at all. >> professor hasen, thank you so much for being here. >> it's my pleasure. coming up, my tip of the hat to donald trump. - now that's smart nutrition. ensure's complete balanced nutrition has 26 vitamins and minerals and 9 grams of protein. ensure. take life in.

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i have a bone to pick with donald trump, his hat. that red baseball cap he uses to cover his famous mane, the one that reads make america great

again. i don't like the message. it is a theme he repeats in his speeches. >> i will say this. if the right person is not elected come next year, i don't know if it can be brought back again no matter how competent or capable the person is. it will be too far down the line. >> mr. trump doesn't say make america better. he says make america great again, meaning america is not great. some have been primed bipolarized media to receive a dog whistle like this that appeals to misplaced anger, unsettled by the pace of change, they want their country back. trump remains a hero to these folks because he championed the birther movement. the emphasis on illegal immigration resonates because it is a sure hand way of describing an america threatened by others, including that guy in the white house. they have been schooled to believe that change is tantamount to a breakdown in order.

even the pro business "the wall street journal" noted in a recent editorial about birth right citizenship, immigration hawks are correct that birth right citizenship is unusual among nations, but since when did republicans dump their belief in american exceptionalism? the idea that america is special? look, we have problems that need fixing. when a 32-year-old woman is slain in broad daylight in san francisco by a guy who broke into the country five times, you can safely say border control is one of them. but by any fair collection of indexes, health, education, economy, quality of life, opportunity, what we have remains unparalleled. these aren't utopian times, nor are they distaupian dysfuncti dysfunctional society that trump is describing. in a world with so much instability, one fact remains.

america is great. y'all had a lot to say this week. i will be right back with some of your tweets.

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together, we're building a better california. you know, i like to say at the end of every program, follow me on twitter. most tweets pertain to mr. trump this week. let's see, chinchilla says i

have news for you. i think the pope is going to set the tone for all of the candidates. there was this from mlp. you're such an ah, criticizing trump on nice commentary on bible versus scum like you. the silent debate is a sham. the silent majority trump refers to is the middle class and you know it. i gave him the benefit of the doubt on that. but for him being a birther, your argument would have more credibility. there was also this from rebecca, pertaining to commentary about mr. trump's hat and slogan make america great again. rebecca said thank you, that slogan has irritated me from the beginning. we need to continue to improve but america is great. rebecca, that was my whole point

and that's not what the hat says. it is more than a semantic difference. follow me if you can smell smerconish. see you here next weekend. thanks. it is 10:00 a.m. eastern. ten years ago at this moment, water flooded new orleans. cnn is in new orleans today. the city and nation remember the most catastrophic natural disaster in u.s. history. also following breaking news. a texas deputy gunned down pumping gas at a service station. cnn learned police have a person of interest in custody. and donald trump kicking off an event in nashville this hour. can he keep up the momentum in his campaign? you are in the cnn newsroom. and we're always glad to have you with us, i