intelligent news anchor. i am once again a vanilla gorilla. excuse me. that's just age. dozens of former federal prosecutors are blasts the fbi chief. they are saying this seems politically motivated and breaches proptocoprotocol. remember initially he said there was no case to prosecute. so much as stake eight days left until election day. we have it covered for you with brianna keilar. scary mask. >> reporter: happy halloween to you, chris. the clinton campaign is concerned about this. there's never been a major party nominee facing an fbi investigation into the lead-up to election day. it is really unprecedented and this is very, very worerying to

the clinton campaign in brooklyn. >> it's pretty strange to put something like that out with such little information right before an election. >> reporter: shock waves through the campaign following a surprise letter friday from fbi director james comey. >> this is the biggest political scandal since watergate. >> reporter: comey notifying members of congress that the bureau discovered e-mails that seem to be pertinent to the clinton e-mail investigation. those e-mails on the laptop belonging to huma abedin. the e-mails from anthony weiner. comey cannot say they are significant, but could be duplicates of those reviewed. now democrats and republicans are criticizing the decision to go public as political. worrying it could tip the scales in trump's favor. >> this is an unprecedented move

as your folks were describing earlier because it happens close to an election which is in violation of normal justice department protocol. it talks about an ongoing investigation. >> reporter: senate minority leader harry reid alleges that comey may have broken the law violating the hatch act. prohibits federal employees engaging in political activity. as 100 former prosecutors and justice department officials, democrats and republicans, signing a letter criticizing comey's actions. >> hillary has nobody to blame before herself. her criminal action was willful, deliberate, intentional and purposeful. >> reporter: trump's campaign hoping to capitalize on the issue. >> we commend the fbi and the director to keep their word to the congress and move forward. >> reporter: house speaker paul

ryan called the move long overdue. clinton remaining confident that she is in the clear. >> we called on director comey to explain everything right away. put it all out on the table. of course, donald trump is already making up lies about this. >> reporter: now hillary clinton's campaign is getting an assist from a number of former justice department officials. including ag eric holder. he is pending an op-ed in "the post." he says he is deeply concerned about the vague letter to congress. he said the decision was incorrect. he echos what tim kaine said. comey broke with regulations and rules he put in place. including you don't talk about an investigation as it is ongoing. you don't take unnecessary action close to an election day.

unnecessary action may be the question here, chris and alisyn. >> i was joking about the mask thing. >> reporter: you need to take that back. >> i do. your looks are not your problem. what are you going for halloween? >> reporter: i don't have time for halloween. maybe next year. >> she's working hard. >> why? what's going on? let's bring the panel in. the daily beast jackie kucinich and political commentator for the call, matt lewis. everybody so serious. >> you used that already. >> you have to go back to radio. let's look at this from 10,000 feet. we start with timing. timing is a big issue here. why they waited. do you buy that as a concern? do you believe timing is a real issue here?

>> absolutely. i think timing is the issue here for a lot of the facts. timing is 11 days until the election. every statement you see from the clinton campaign and everybody who doesn't like the decision. >> what if he didn't do it? >> what do you mean? >> what if he didn't come out and did not say anything about it and people later learned they were sifting through thousands of e-mails? >> there are two schools of thought. bad it came out now or it would have been worse if it came out later. here's the thing, we still don't have all of the facts of what is in the computer. what is in the e-mails. there is a debate over whether this was good or bad. >> matt, what some of the sources are saying is the reason that james comey did it now is because he feared it would be

leaked. he feared somebody in the fbi was going to leak that they were sitting on this laptop and what may be on the laptop. it is better to air it out in the sunlight. what do you think of that excuse? >> i think it is valid. hillary clinton created this mess by creating a private server and e-mailing private or confidential information and lying about it. director comey goes before congress and says he will not prosecute her. he makes a pledge to them if more information comes to light he will notify them as is appropriate. chris made a valid point. right now, the american people do not trust institutions. they do not trust the media. they do not trust their own government. if it came out after the election, which it certainly would have, that they were looking into the e-mails. oh, and by the way, speaking of hillary bringing this on herself, she has a top aide

whose husband is engaged in sexting underage women. james comey did not cause hillary clinton to set this up. if this had come out, it would have further undermined the trust we have in our government. i think he was put in a bind. it is not his fault. >> matt is leaving out a couple of factors we will put in front of you, mr. preston. comey breached protocol in the first place. talking about why he would not bring forward a case. there was already something done here that was a perversion of it. the other overlay is why is there so much paranoia right now? one name in your head donald trump, saying this is worse than watergate. what are the politics at play? >> a couple of things. what donald trump is saying

before the crowds should be -- what he is saying is he is taking little iotas of facts and blowing them up. the bottom line is what donald trump says to gin up his crowds and get poll numbers up should be discounted. to matt's point about comey, i do agree the fbi was put in a difficult situation. chris, you are right. he came out and did a news conference and said he wasn't going to file charges this summer. when this information was presented to him, he felt he could not do anything else, but except come out and tell congress what he had. imagine if this had gotten out afterwards and what people would think about fbi and law enforcement divisions right now. people have no trust in government. it is a terrible development for the clinton complaampaign.

the fbi was put in a terrible situation. >> jackie, a letter from nearly 100 former federal prosecutors and high ranking doj officials who don't like what comey did. we cannot recall a prior instance, republican or demo efficiently, has on the eve of a major election issued a public statement where the mere disclosure of information may impact the outcome. it may or may not be significant or new. he may have been in a bind, comb comey, but people who had that job or around that job think he could have handled it differently. >> you saw "the wall street journal" yesterday with a lot of internal friction. he was getting a lot of pressure internally at the agencies let alone people who are out and looking back in. he was as preston said, in a

tough spot. that is something that is continued to be debated. it is a bipartisan letter. officials from both parties signed on. >> here is what i know and what 20 years dealing with the fbi. i have never, ever, ever heard agents talk about a case openly where they didn't know anything. they say we don't know yet. if truth, it was the metadata that was shocking with the laptop and unique e-mail. we felt we had to go to comey. we didn't have the right leg authority to look through these ourselves. now here we are. let's look at how this resonates in the election. that's the biggest impact at this point. 34% say less likely. the headline will be, matt, 63% say no difference. 34% a week out from an election. that matters also. >> absolutely. you know, elections are won often times and the margins especially when you get down to

states. who wins ohio? who wins pennsylvania? we don't know how close this election may be. 30% changing their mind could be a huge swing. i think that this will probably have more impact down ballot. you know, in terms of the u.s. senate. i think it is baked into the cake. people know hillary clinton is untruthful. people know hillary clinton lacks transparency. that's what you sign up for if you vote for her. yes, this changes the subject which helps trump with late undeciders. not a lot of them left in america today. this may be more likely to help republicans keep the senate as a check and balance on hillary clinton. the other asterisk here is early voting. i don't like early voting. this is a big reason. half the states where people have voted without this information. >> and there is no new

information. all they know is there are e-mails. a big question mark. >> panel, stick around. we have more questions for you. the race is tightening. donald trump within striking distance of hillary clinton in latest national polls. we will look at all of the polls with our political experts next. fight heartburn fast. with tums chewy delights. the mouthwatering soft chew that goes to work in seconds to conquer heartburn fast. tum tum tum tum. chewy delights. only from tums.

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persuadable voters, we will see. that i want to talk about the e-mail part of the poll. it was instructive. the biggest danger to hillary clinton is not people saying okay. i'll vote for donald trump. i think it is more than that her people getting discouraged and going out. his people emboldened by this and wanting to run out and vote for donald trump. we are talking fractions of people. it is people who stay home versus go to the polls that will be effected. >> the matt lewis' of the world. people who can't accept trump. few more numbers here. florida and north carolina numbers. let's put those up. 46% to 42%. trump to clinton. a secondary number there.

"new york times" and nbc/"wall street journal." both very tight with the margin of error here. they are good swings in florida. the first time that "the times" has trump. that plays into a bias he created. we also have north carolina numbers here that are relevant. especially for clinton. that seems to be clolocked in. speak to the numbers and the coming home scenario that jackie outlined. conservatives like you who say trump's not one of us. could it trigger something in voters like you? >> absolutely. i think jackie hit the nail on the head. if we're talking about hillary clinton, she's losing. if we're talking about trump, easl he's losing. most of the time we are talking about trump. when we talk about trump, people are less likely to vote.

when we talk about hillary clinton, people have a viseral disdain for her. in the last couple weeks we talked about evan mcmullen possibly winning utah. i think people in utah now say i have to vote for donald trump to stop hillary clinton. i think this story does matter. one big thing it may do is bring trump voters and republicans back home. >> mark, there continues to be stories out about donald trump as well. "the washington post" devoted time into look into trump's charity giving. we don't know much about it because he hasn't released his tax returns. it is not as much as donald trump has claimed. for years, there may have been zilch he has given. also, he claims to have given

things when there's no evidence he ever did. here's what "the washington post" found. a businessman or television star or candidate, the post found trump sought credit for charity he has not given or claimed other people's giving as his own. we will have david fahrenhald on. >> he has looked into trump's charity giving and should be credited for doing that. i think at this point, if you are supporting donald trump, you are supporting trump. if you are against donald trump, you are against donald trump. to button up what matt and jackie said, this is bigger. this will eclipse stories like this such as the charity giving. it is going to convince republicans who are on the fence for donald trump. specifically in two states.

florida and pennsylvania. these are two states that donald trump has to win if he is going to win. it could depress the hillary clinton vote frankly who were on the fence about her. they may not support trump, but in state of the pennsylvania and counties round philadelphia, they may not come out. while this is excellent reporting, it is baked into the cake that donald trump is boastful and dare i say, lies often. >> 400 plus inquiries that he made into different accounting ledger entries to get this reporting. this is a lot of work. the reality, jackie, this e-mail thing, there is a metaphor effect to it. i could not find a guy who worked in the agency who currently there who knows anything about what's in these e-mails or had any confidence they will advance understanding in any way of what is going on and everybody is talking about the politics of the situation.

it doesn't matter. as soon as comey said there is more to look at, it is if he found a smoking gun or a video of her saying i always meant to do this and wanted to commit a crime. >> and you cannot undo it now. it's done. it will be different. that is the consternation of the clinton campaign. they were put in an impossible position. they did not know what they were responding to on friday. on the sunday shows, you saw them trying to figure out what was the right thing to say. they don't know. >> she could have said, look, everybody. take a deep breath. i assure you there is nothing diabolical. >> doesn't direct speak work for voters? she can say there is nothing diabolical between me and huma.

>> one, nobody would know what you are talking about with diabolical. what if something comes out. now she is really shot and doesn't have that. >> all you have do is assure voters. they will not have that. there's so much. jackie, hold your thought. we are seeing you for the next three and a half hours. >> pace yourself. >> all right. other news for you. a search for a suspected killer in oklahoma. it ended overnight. police say he did not go down without a fight. how did the police finally stop the alleged crime spree? we have the answer next. ♪ to want to stand alongside my, my love ♪ ♪ whoa, talkin' 'bout my love ♪ mornin'. hey, do you know stand when the game starts?love ♪ 11 hours. oh. well, i'm heading back to my room. (announcer) want to wake up at super bowl 51? super bowl!

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the manhunt for an oklahoma fugitive who police say shot two officers and killed two of his relatives is now over. michael vance killed after a police shootout after ate day es on the run. a local station reports his injuries are not life threatening. one trial in south carolina with a jury selection for michael slager. he is charged with murder in the death of walter scott. scott running away. in ohio, former university of cincinnati officer ray tensing is accused of murdering sam dubose during a traffic stop. opening statements could begin wednesday. the 6.6 magnitude quake in

italy is the most powerful to hit the country in decades. we have cnn's barbie nadeau with the latest. >> reporter: the only reason no one lost their life is people evacuated last week. this follows a deadly earthquake killing 300 people in august. when we talk about the damage in the area, at least 5,000 churches and monuments in that area near the epicenter have been damaged or completely destroyed. homes flattened. villages no longer there. wiped off the map. the aftershocks are coming. seismologists conclude there could be more aftershocks. it is a nervous time and the damage keeps coming. >> barbie, you taught us before about the area. hard to get help. hard to replace what's there

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we have not seen in our lifetimes. the bureau now says it will review newly discovered e-mails from a top clinton aide, but when did this happen? why did this have to happen now? what's in the e-mails? a lot of these are unknowns. boy did it all blow up the tvs on friday. there are questions about why this investigation was kept under wraps and why it was made public now. >> both. >> joining us is talk radio host john phillips. cnn commentator and press secretary for bernie 2016 simone sanders. now a clinton supporter. john, we start with you. politics loves the unknown because it yells for spin and boy has your man, mr. trump, taken this horse by the reins. saying it is worse than watergate. it shows it is really bad. this is the big deal in the election. when simply we don't know what

it is and even the fbi says that. how do you play this to an advantage? >> well, politically it is breaking for him at the last minute. if she gets elected, she will be the first president-elect ever under investigation from the fbi. so talk about breaking a lot of glass ceilings. i don't know how this is playing in other parts of the country. here in california, people are following this election very closely. however, there is a fatigue that is involved. people can't wait for election day to come. so that way we can argue with each other about something else. if hillary clinton is elected, this investigation is not going away. the cloud that is over her campaign will be over her administration and people, i think, it's weighing on their minds. how long do we want the hangover to last? is it enough to sway the election? i don't know. >> simone, that's it. what john just said is the

problem. is the fbi may wrap up the investigation quickly. maybe there is nothing that implicates hillary clinton or huma abedin. however, the republicans in congress have promised this will never go away. they promised they will have investigations and committee hearings and talk of impeachm t impeachment. is that fatigue that loyal democrats say i can't take more years of this. >> you know what? i wish republicans in congress would do their jobs instead of thinking of ways to obstruct hillary clinton before she gets elected as president. there are pressing issues facing the nation you need to take care of. the facts are we don't know the facts. we don't know because director comey's letter was actually very irresponsible in its brevity and how vague it was. we need actually the fbi and director comey to come out and tell us what the facts are and it is important to note when this news broke, there were lots

of stories coming out saying they reopened the investigation, the fbi had. that's just not true. they hadn't even seen the e-mails yet. according to news reports, they just got the warrant. this is irresponsible and dangerous. you know, eight days before the election. >> it will not happen, simone, they will not know. 650,000 e-mails. that's misleading. they don't know how many are hers. we don't know how many e-mails bear relevance on the investigation. they have no idea if they significant or not. there are a lot of politics at play by the comey breach of protocol early on. john, you have the same face on the first time we talked about comey and he said i can't bring a case. then he said i don't have evidence. you said boy this is rigged. now he says i don't know what i have. now you say boy is this legit. don't you think people will see through that obvious artiface?

>> there is a lot of internal dissent. especially the last time when he recommended not to file charges or take it to the next step against hillary clinton. >> john, john, just so we do a little bit of spin control. there is not a lot of dissent. because you keep saying that is not true. for us who report on it, we're the people in-house on the field side who said i think i could make a case. yes. is that almost always the case in almost every casey looked at with the fbi? yes. these are dogged people. they often push their concern. is there a lot of dissent? >> there is dissent from the organization we heard from. i was a critic of trump talking about the rigged election. i thought he should focus on the issues and not talk about that. however, looking at it in retrospect. that may have been a smart play

on trump's part. comey may have to open up an investigation. there is a smoking gun here or a bombshell that carl bernstein described. there may be something here because trump would say see, i told you so. this is rigged. they knew about it before the election. i think trump's rigged election talk may have forced comey to come forward sooner rather than later. >> john, come on. there is nothing smart or interesting or right about questioning the legitimacy of our democracy here. what donald trump did -- >> do you think it was a factor? >> no. i think what a factor is republicans in congress have pressured and dragged director comey from the rooter to the tooter. and director comey felt pressure and the letter he sent to the people that worked at the fbi explaining why he felt he had to do this. he felt enormous pressure.

as a press person, if comey felt he needed to come out and tell it like it is, he should have held a press conference. for him to say it is smart for donald trump to question the legitimate elections? that is not right. >> thank you, simone and john. >> what do you think? post your question on facebook. vice president biden offering up his take on hillary clinton's latest e-mail issues and the presidential race that now involves anthony weiner. >> oh, god. anthony weiner. i should not comment on anthony weiner. >> but he will next. retiring retired tires. and i never get tired of it. are you entirely prepared to retire? plan your never tiring retiring retired tires retirement with e*trade.

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vice president joe biden sounding off on the fbi's review of the e-mails belonging to clinton aide huma abedin. the president's right hand man let's loose on disgraced congress member anthony weiner and those fighting words he made against donald trump. cnn's michael smerconish spoke on all of this. >> hillary should release the e-mails for the whole world to see. they can continue the investigation. it won't prejudice the investigation. that is the stilted language the agency always uses. it doesn't mean anything. so, it is unfortunate. >> i would be remiss if i didn't note if she released the e-mails from the get-go, we would not have this conversation. >> that's true.

i don't know where this e-mail came from. >> apparently anthony weiner. >> oh, god. anthony weiner. i should not comment on anthony weiner. i'm not a big fan. i wasn't before he got in trouble. i shouldn't comment on anthony weiner. >> is this the kind of story that makes joe biden say, damn it, i should have run. >> michael, i thought i could beat hillary. i didn't run for one simple overarching reason. my son was dying and he died. that's the total reason. i have great respect for hillary. i have great respect for other people who have run. you don't make a decision based on the other person. i thought at the time i was -- the issues the country was

facing were in my wheelhouse. >> you don't want to be her secretary of state? this was a big issue earlier today. >> i will do anything she wants if she is elected president to help her. i'm not looking to be in administration. it's time for me to move on. >> your family is from scranton. both my parents are from hazelton. we are both of coal cracker pennsylvania stock. it is donald trump country. it would be biden country. what is the commonality? >> i think what is happening we will win scranton. she will win scranton. people are upset and angry. they hate the dysfunction of washington. trump comes along and talks about how he is going to change all that. he's a new breath of fresh air. then people started to see who he is.

they started to see in scranton and hazelton. if anybody in your house or neighborhood talked about i am famous and i can grab a woman anywhere i want. i would get the stuffing knocked out of them. people are beginning to figure out. those people have basic decent values. i think that will trump, no pun intended, their concern about hillary. >> you called him out. it got a lot of attention. the vegas oddsmakers want to know if you do get him behind the gym. do you regret it? >> i was making a point that i think it's insulting to say to guys i grew up with and the athletes who spend time in locker rooms that we talk like that. this is not locker room talk. you know as well as i do, michael. the neighborhood you grew up in bucks county, if somebody talked

that way and your sister is outside and you know what you do. you would not let it go on. >> let's discuss everything we just heard. let's bring back our commentators. john phillips and simone s simmons. do you think he would have won if he ran? >> i love vice president biden. i was also rooting for bernie to win. i think it was anybody's game. the vice president has said and will say again the reason he wasn't in the race had nothing to do with anybody else other than himself and his family situation. >> it would be an interesting dynamic because of bernie sanders and joe's offensive. >> and that authenticity that is so craved. >> that is all for the past.

we have urgency here on our side. john, this idea that the vice president is putting forward which is helpful to you which is we should hear more from the fbi right now. we should hear more about what they have. is that what you want? ostensibly we want to hear more. do you? do you want them to come out with more with the e-mails or do you prefer the unknown? >> i do. i like to know all the information they have. now that being said, james comey is not going to watch cnn right now and say, john phillips wants to see these documents. let me release them. i want to go back to the point that was made on "new day" by matt lewis. i thought it was an important one. if the focus on this election is on donald trump, hillary clinton wins. if the focus is on hillary clinton, donald trump wins. the fact that the focus in the

11th hour as we march to election day is about hillary clinton is something that politically is very bad for her. particularly when you look at the numbers that are out. nbc poll. a double digit swing in the poll, chris. what is interesting about this election and which separates it from 2008 and 2012, donald trump is doing worse in the red states. he will not lose texas or utah. even if those numbers don't look great. he is polling better in the purple states that the democrats had traditionally done well in. ohio and florida and iowa. if the story can move the needle a little bit in many of those states, you could change the electoral map here. >> do you agree, simone? are people upset with the damn e-ma e-mails? and there is no smoking gun and

there is nothing in the huma abedin cache, do you think this moves the needle? >> i think people are tired of hearing about the damn e-mails. there are people out there who have questions about secretary clinton's trustworthiness or authenticity. i'm not telling anything anybody doesn't know. because these are out there, it is incumbent upon the fbi and james comey not to look like they are tipping the scales or getting in the middle of the election and giving people facts to make the informed discussion. they are not hearing any of the details that they need to make real decisions. i was in nevada this weekend. folks were energized and knocking on doors. i did get questions about the e-mails. folks said they were like this seems odd. this timing is very odd. the american people are ready

for this election. there are still a lot of people would know who they are voting for. i don't know how, but some folks who did not know who they are voting for. this plays to those folks. it is dangerous for them. >> that was a fatal error on bernie sanders part in that debate when he said nobody cares about your damn e-mails. if he cared about the e-mails, he would have known she was colluding. >> when they go low, we go high. >> just about to end the segment, you drop that one, john. thank you for your take on this. >> for all of the spin going on, the reality is this is a close race. so these last few days could decide it all. how will clinton deal with it? their objective is clear. make it not about hillary. make it about the fbi director james comey. their plan ahead.

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hillary has nobody to blame but herself for her mounting legal troubles. >> we're not going to get distracted. we're not going to get knocked off course. >> she deleted 33,000 e-mails. i have a feeling they just found a lot of them, don't you think? >> donald trump is already making up lies about this. >> we're leading all over the place. we're going to win. >> for as long as he has been rich and famous, he wanted people to believe he is generous. he abuses his power. games the system and doesn't care who is left holding the bag. >> this is "new day" with chris cuomo and alisyn camerota. >> boy, oh, boy, this takes trick-or-treat to a new level.

this is monday, october 31st. halloween. 6:00 in the east. the fbi obtaining a search warrant to search thousands of e-mails from hillary clinton. still trying to determine fbi director james comey has made himself politically relevant in a way we have not seen ever. dozens of former federal prosecutors now blasting the fbi chief's decision in the final days of this election. both campaigns are calling for full transparency from the fbi. donald trump thinks this is bigger than watergate. so much at stake with only eight days left until election day. we have it all covered for you. let's begin with evan perez live in washington with more. what is the latest, evan? >> armed with a new search warrant and these e-m