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-mails

belonging to huma abedin. investigators think some of the e-mails now found was from an account found on clinton's private server and perhaps ones that were previously delated. that's the reason why they're investigating whether it affects the case that the fbi thought they had completed back in july when james comey recommended no charges be brought against clinton. investigators found these e-mails weeks ago, stumbling on them as they conducted an investigation of abedin's estranged husband, former congressman anthony weiner. that's leading to questions from the clinton campaign about why all of this only became public on friday when comey sent a letter to congress, days before the presidential election. law enforcement officials tell cnn that investigators spent a lot of work trying to figure out how big of a deal this was

trying to determine that a significant number of these e-mails went through the clinton server, but they were constrained by the pact that they were operating under an existing search warrant that was limited to the weiner sexting case. investigators tell me they saw enough in the e-mails that they know there may be classified information in them and that some may not have been viewed by the fbi before. now, despite calls from the clinton campaign and from republicans to provide more information, comey right now has no plans to say more while his investigators are still doing their work. chris? >> that's as big a story as any of this. the fbi director deciding to speak and now deciding not to speak. has a lot of people upset and trying to understand his true motivations. dozens of former federal prosecutors feel they know and they don't like it. they're blasting the fbi chief in a new letter saying just shouldn't have happened this way. the new probe will, obviously, dominate the last week of this election. let's check in with cnn

political correspondent brianna keilar live in washington with more. tough for the clinton campaign to deal with the unknown. >> it sure is. it's also just so unpresdenned from the fbi director's actions to the fact that there has never been a major party candidate heading into election day who is under this cloud of an fbi investigation. right now the clinton campaign is trying to change the narrative by taking aim at comey. >> it's pretty strange to put something like that out with such little information right before an election. >> reporter: shockwaves through hillary clinton's campaign following a surprise letter friday from fbi director james comey. >> if she never heard the word e-mail, do you think she'd be a very happy woman today? >> reporter: comey notifying members of congress that the bureau discovered e-mails that appear to be pertinent to the now closed clinton server investigation. those e-mails found on a laptop belonging to anthony weiner, the

husband of clinton's long-time aide, huma abedin under investigation for sexting with an underage girl. comey can't say if the e-mails are significant, they could be duplicates of those already reviewed. democrats and some republicans are criticizing comey's 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 and involves talking about an ongoing investigation. >> reporter: senate minority leader harry reid alleging that he "may have broken the law by violating the hatch act." a law that prohibits federal employees from engaging in political activity. as 100 former federal prosecutors and high-ranking justice department officials, democrats and republicans, sign

a letter criticizing comey's actions. >> hillary has nobody to blame but herself. her criminal action was willful, deliberate, intentional and purposeful. >> reporter: but trump's campaign hoping to capitalize on the issue. >> we commend the fbi and the director on their decision to keep their word to the congress and move forward. >> reporter: house speaker paul ryan called comey's move, "long overdo." and renewing his call to suspend all classified briefings for secretary clinton until this matter is fully resolved. clinton remaining confident that she is in the clear. >> we've 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: hillary clinton getting some help today from eric holder, the former ag of the obama administration. he pens a "washington post"

op-ed where he is deeply concerned about this vague letter to congress. this decision by comey was incorrect and it violated rules, including not talking about an ongoing investigation and then one he put in place, which was not doing anything unnecessary in the lead up or around an election. that may be the question, was this unnecessary? we don't know the answer at this point. chris and alisyn. >> a lot of things we don't know the answer to and let's discuss that. we have evan perez and we want to introduce the rest of our panel, washington bureau chief, jackie kucinich and david gregory. al alex, now they have a search warrant. we have eight days. the fbi could go through these e-mails and make a lot of progress, probably read hundreds a day. is it their obligation to release more information before

the election because this is all so murky. >> we are in such totally unchartered waters here. i do know for a lot of reporters who were paging through the podesta e-mails, you know, going through thousands of e-mails a day not some inhuman task but the legal propriety. sort of call for case by case for the fbi director at this point. you saw over the weekend, alisyn, the level of pressure that comey is under from both sides and don't particularly know what the substance of the other investigation is at this point. and what he could disclose, if he wanted to. so, in some ways, both campaigns are playing this kind of strange game of chicken with the fbi. challenging them to release more information without knowing if it would be politically beneficial to their side to have it out there. >> comey boxed himself in, no question about that. why he did it, that's probably

the biggest unknown. evan, just to be clear, on the basis of your reporting and yours dug in as well as anybody when it comes to the fbi. donald trump is saying proof of intentional behavior went through the server of these e-mails and classified information and, obviously, significant. 650,000 of them. that's all untrue. true or false? >> well, some of -- like a lot of what trump says. there is some truth in what he said. we don't know how many e-mails there are. we know thousands of e-mails -- >> but not 650,000. >> not 650,000. >> any proof of intentional conduct that they have? >> we do not know yet whether there is any proof of intenti intentional conduct. the fbi director the reason why he can't say more, chris, is because he, frankly, doesn't know what is in this thing. he knows that the investigators took a look and they saw enough that they saw that these e-mails look like they went through the clinton server, which is

interesting and which is new. he also saw, they also saw that there might be signs of classified information. so, now, what they have to do is bring in other agencies the cia, the state department and everybody to review these e-mails. that is something that takes days. while i understand that everybody want an answer as quickly as possible, the fbi feels now they have to take the right amount of time that is necessary to look at all these things before they make a final call. >> jackie, went through the clinton server. that sound nefarious. however, it is also possible that, i mean, they also said that they have no evidence that these were to or from hillary clinton. meaning, it's possible that huma abedin forward herself the e-mails to herself at home. it is possible these are duplicates and it is possible that they were automatically backed up on this laptop as something mysterious from the cloud happens at my house, also.

so we just have to be careful because there is no smoking gun yet. >> in some ways, if nothing else comes out, the damage is already done because sort of put donald trump having his take on this. whether or not parts ariceraccu. hillary clinton campaign is trying to move on and say there is nothing here. this is already clouded, again. if you're the clinton campaign you're saying, this is baked in and people made their decision based on the e-mails and the trump campaign you're emphasi emphasizing the unknown. we'll see how that plays out the next couple days. i keep on saying this, every day is election day. this does matter every single day. >> it is just important for us to clarify. at this point, nothing that donald trump has said about these e-mails and this latest wave is provable at this point. none of it. and, david, you know, just when we thought that comey couldn't do something more unorthodox than he did when he came out and ran out with that statement in

front of the doj saying i'm not going to bring a case that no prosecutor would, even though he's not the prosecutor in this case. now he does this. why? >> well, i want to be careful here and as i've said for months on this program my wife, beth wilkinson represents top aides not huma abedin and i have said, i have been saying for months long before this was a clinton camp talking point this is a step by the fbi director who never does this. if you decide not to recommend charges, you don't talk, period. that's true for u.s. attorneys and true for the attorney general. there is an unwritten policy that says exactly that, specifically with regard to any elected official near an election. comey made this decision because of the heat he was getting from his own agents. i know from speaking to fbi officials that there is a few that the clintons are corrupt within large swaths of the fbi and he was under a lot of

pressure to recommend charges. he said back in july, this was not a close call. there was no mishandling of classified data. no criminal intent. he made that decision. now, there is a reason and i think this is where this should become beyond politics here. republicans may rule the day when they are doing a happy dance over what is happening to hillary clinton. there is a reason that the fbi director has a ten-year term so he or she, it has only been he,o he is not buffeted by the political wins. he has complete independence even though he officially works for the attorney general. in this case, he has decided taput his thto put his thumb on the scale. they have decided in the clinton camp to go after comey now because a high degree of confidence that whatever is in these e-mails no evidence of mishandling of classified data and it's more of what they've seen. from a political point of view, they want to fire up the democratic faithful who can see this as an abuse of power.

>> so, alex, now that he has inserted himself into this and what david is saying is true that he is sensitive to the criticism that he's been getting since the summer, will he come out and say something before election day? >> look, i'm certainly not going to try to predict what comey is going to do next. i think a lot of people would have got an lot of things wrong trying to play that game so far. i think one way or another it will be really interesting to see what the president-elect says and does and how they behave towards jim comey starting next week, right. it's awfully hard for a guy to repeatedly insert himself in the electoral process like this and then continue to work with somebody who they have to deal with in an intimate, trusting, nonpartisan way after election day. i wonder if we'll hear from the candidates. the fbi director has a protected status in the government that other senior government official os do not have. it's a different kind of appointment than the attorney general or secretary of defense. but we've never seen, certainly

not in my lifetime, an fbi director get directly politicized like this with both sides of the race directly going after his personal, individual credibili credibility. >> panel, thank you so much. more to talk about, the election is now just eight days away. the race is tightening between hillary clinton and trump. we'll take a look at the latest polls, next.

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a new national poll of polls shows that hillary clinton, this is actually a specific poll. shows clinton with a one-point lead over donald trump as the trump campaign is seizing on the fbi probe of a clinton's top aide e-mails to try to change this race. now, the poll of polls that i was talking about, cnn's, that averages the last five national polls. that shows clinton with still a five-point lead that is coming down as we have this latest round of numbers. let's bring back our panel,

jackie kucinich, david gregory, matt lewis, brother lewis, i go to you first. you're loving the unknown of the fbi because it's distracting from the known knowns of your own campaign. specifically, "wall street journal" brought out about all the charitable nongiving of your candidate and the voter fraud who was a trump supporter who voted twice heeding the call of your candidate. how do you make sense of these things, sir? >> well, i admittedly fully donald trump. i've been pulling for him this whole time. no, look, i think that there -- we are now in such a weird election cycle and whether it's the "access hollywood" comments that are, obviously, horrific that daonald trump made or this e-mail scandal which is very

problematic. at the very least hillary clinton had this private e-mail and deleted 33,000 e-mails. so, those things are overshadowing other stories like the fact that donald trump, you know, hasn't released his taxes. they're overshadowing those stories because so much controversy, there's so much scandal on both sides that other stories that might have been huge are basically being ignored. >> so, david gregory, something is affecting the polls, not only the national polls, but the state polls. look at this new florida poll because this is very interesting. this is a "new york times" florida poll just out yesterday. trump is now leading there. 46% to 42%. what do you think is going -- what does this mean? does this mean the elderly vote in florida is sort of outpacing the has pispanic vote or what du see has shifted there? >> we know that florida has been getting tighter in the past week even before friday and comey's

letter. so, it's hard to measure that impact yet. that initial abc/"wall street journal" poll did capture friday night but not the full breath. we see florida is a closer contest and i think that bodes well for donald trump because it makes the electoral map a bit more competitive. again, still so many routes to 270 for hillary and pennsylvania is slipping out of his grasp and has been now for a number of months. i think the most damaging political part of what's happening as a result of this e-mail conversation is that this is no longer a campaign conversation that is about donald trump. it is now about hillary clinton in the final days. i think that becomes more problematic because she had built up momentum where she was trying to put him totally outside of this and now she has to deal with, as matt says, the really unpleasant facts of how she conducted herself vis-a-vis

the e-mails and setting up the private server and the specter of an investigation and there's an effect that could have on voters here. >> let's get the take of you guys here in this studio. basically you may things even when they're not. let's take a lookt a this. we're seeing it right now. e-mails the latest wave is a complete unknown. right, even the fbi director who went out and started talking about this did so without any basis of fact of how he could advance his own investigation. that's unknown. the known, from "washington post" not "wall street journal" find that the guy, trump, hasn't given a fraction of the money, maybe any money in over a decade. that's according to farenhold. the lady votes twice in iowa. these are both knowns.

but they don't stand up to the unknown of the e-mail. why? >> in some respects just because that's the stage of the race that we're in. right. that the level of attention and frenzy around this campaign is such. and the e-mails have been such a constant drum beat for clinton's campaign that it's not some sort of side plot that people need to familiarize themselves with. they know as soon as you say e-mail sort of broadly at least what you're referring to. look, i do think one of the reasons why the impact of this comey letter may be somewhat smaller than you might imagine is because of all the known knowns around donald trump. that voters do have an enormous amount of definitive information about him when it comes to things like charity and it comes to his personal finances and his personal character and his views about women and if hillary clinton were running against a candidate with somewhat softer or more flexible fundamentals in terms of how they're viewed by the public, i think this kind of late x-factor could be much more

damaging to her campaign. i don't know that voters put these issues on the same level even if the way we talked about them almost as a necessity this happened with candidate one today and this happened with candidate two. >> what do you think we'll hear today or this week? will the ball be advanced on the e-mail front? >> on the e-mail front, i don't know. it depends if comey feels pressure to come out. i think you'll hear the clinton campaign really try to rally their supporters so they don't get depressed by this latest information. >> now, in election we often say it ain't over until it's over. we draw that metaphor from sports and that's playing out right now in real time. the cubs living to play another day. andy sholes live in chicago with our bleacher report. it ain't over until it's over. >> that's right, chris. i tell you, the cubs fans here at wrigley field so happy. they finally got to see a world series win at wrigley after 71

years and they were so happy, they wouldn't leave. staying around inside, out here on the streets. it was an awesome scene and the team even came out to all the fans that hung around inside. all the cub celebrity fans were here for this one. bill murray here, once again. eddie vedder singing "take me out to the ball game." there were nervous moments in this game. the cubs down 1-0 until kris bryant hit a home run to even the score. one of three runs the cubs got in the inning and that was all they needed because their closer came in to get the final eight outs of the game. throwing over 100 miles per hour on some pitches. cubs wins 3-2 in game five to send this series back to cleveland. >> why not us? i mean, that's kind of our, you know, i feel like we play our best with our backs up against the walls. hopefully we go out and win game six because you never know what

can happen in a game seven. we're all about writing our own history. this team is a special one. >> the cubs trying to become the sixth team ever to come back from a 3-1 deficit in the world series. cleveland one win away from their first championship in 68 years. cleveland will be rocking for game six tomorrow night. no world series tonight, what are you going to watch sports wise? don't worry, monday night football not too far from where we are right here. bears hosting the vikings. >> oh, goody, i will tune into that, andy. thank you very much for that programming note. up next, hillary clinton and her supporters pressing the fbi director james comey for full disclosure and they're blasting the timing of this e-mail probe announcement. did comey go too far? we dig deeper, next.

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>> it's pretty strange to put something like that out with such little information right before an election. in fact, in fact, it's not just strange, it's unprecedented and it's deeply troubling. that was hillary clinton questioning james comey's motives. comey notified congress that the fbi is reviewing e-mails from a top clinton aide. why did the fbi director ignore the justice department's tradition and advice days before an election? here to discuss is congressman mike rogers, former chair of the house intelligence committee and volunteer adviser to the trump transition team and matthew miller aide to attorney general and spokesperson for the justice department. i want to get your perspective

on this. mike, should james comey have sent that letter to congress? >> well, i mean, i think he was in a very difficult spot. he had testified to congress that if there were any new developments he would, in fact, come back. now, he's obligated under oath. he can't lie to congress, just like you can't lie to an fbi agent. he felt that was, clearly, he felt he was under some pressure. remember, the whole reason we're here is because hillary clinton used a private e-mail server outside of what the rules, regulations and probably the law allowed her to do. so, i don't think it's fair to blame the fbi director for being put in a bad spot to begin with. secondly on this, which is the other part that i think is very, very important. those investigators -- so what happened is they found some meda data. think of an envelope that you would put in a mailbox in those e-mails that said, hey, this is connected to another investigation. the private e-mail server. they brought someone in from washington, d.c., that was on that case, looked over the thing

and said, oops. houston wee houston, we have a problem here. i think that is related to the other case. i don't think they had any options. i don't understand why he did it this time. but it's the content of the e-mails that we should be concerned about. >> so, matthew, do you agree that basically director comey had no choice but to go back to congress after he told them he would keep them aprized prised investigation. >> he made a series of mistakes starting with his extraordinary press conference where he broke department rules about what investigators and prosecutors are supposed to discuss carrying on to his testimony before congress where he went into way too much detail and the way to correct a series of mistakes is not to keep making mistakes. and for him tacome oo come out violate department rules that says you can do nothing to put your thumb on the scale before

an election. to do it 11 days before an election is a really gross violation. >> why did he do it, matthew? why do you think he did it? >> you know, a number of reasons. the biggest one, he has been bullied and pushed and made this political from the beginning. they haven't liked the outcome and did not like the fact that secretary clinton did not violate the law and no charges, even though that is clearly where the facts and the laws led. unfortunately, he hasn't been strong enough to stand up and tell them no. >> matthew, i want to read an op-ed posted last night. this is from former attorney general eric holder, your former boss. where he talks about this decision by james comey. i served with jim comey and i know him well. this is a very difficult piece for me to write. he is a man of integrity and honor and good men make mistakes. in this instance he has committed a serious error. it is incumbent upon him or the leadership of the department to

unspell the uncertainty he created bhfr election day. i want to get your take on that. must james comey come out in the next eight days with more information or conclusion to help voters make that decision next tuesday? >> if they haven't, i would not ask the fbi to rush an investigation along the way. i think what happened here is it's clear to me by finding they found these other e-mails on a laptop that was likely in the custody of the family of one of the aides under investigation tells me they probably weren't as thorough as they should have been. i think it's almost more important. remember, the fbi has a huge responsibility. they can take someone's freedom. they're going to charge you with a crime. we just had a very distinguished general in the marines plead guilty to allowing classified information to places where it shouldn't go. he's probably going to go to jail. we better get this right. if you want the institutions of

the fbi, of the rest of the government, of the national security infrastructure to believe in and have confidence that an fbi investigation is real and thorough and competent, he better get that piece right. i'm not sure the eight days should even factor into his decision at this point. mistakes in the past have been made and now they better get this piece right. >> matthew, they now they have a warrant to look at that laptop and do they have the time, will they come out with some kind of information in the next few days? >> i think they need to make the time. he should have been quiet about this until after the election. he certainly could have done so. no information we have to suggest that these e-mails are anything other than duplicates and may not even involve secretary clinton. we just don't know. now that he's raised this possibility and based on nothing but speculation, the fbi needs to bend over backwards and do

everything they can and look through these e-mails and find out what they have so they can clear the waters. >> thank you for your expertise. chris? >> thank you. all right. we're talking a lot about the politics, but the policy decisions will ultimately be what will shape your life. our next president has a big task on their table. supreme court justice appointments. the high court has been short handed, as you know. there are eight people instead of nine since the death of justice scalia this february. but with the republican-controlled senate refusing to hold hearings for president obama's nominee garland, the next president is probably going to determine the balance of the court. >> let's look at what each of the candidates said the types of nominees each would consider. some of you want to vote on this issue of the supreme court. donald trump has taken the unprecedented step of releasing a list of 21 possible candidates on the trail. he has repeatedly said that he wants to appoint a judge with

the same principles as scalia. >> trump discussed the qualifications he was looking for at the third presidential debate. here's a sample. >> the justices that i'm going to appoint will be pro-life, they will have a conservative vent, they will be protecting the second amendment. they are great scholars in all cases and they're people of tremendous respect. they will interpret the constitution the way the founders wanted it interpreted. >> trump also indicated that he supports nominating a justice that will overturn roe v. wade and even suggested that would be a test for any of his nominees. unusual. clinton on the other hand said she would nominate a candidate who will uphold roe v. wade. >> she has praised garland and called for his nomination before his nomination expires in december and unclear if she would submit garland's name

again or consider other options if she would be elected. here's what she said recently about the type of nominee she's looking for on the high court. >> i want to appoint supreme court justices who understand the way the world really works and real-life experience and not just been in a big law firm and clerked for a judge and then gotten on the bench. we need a supreme court that will stand up on behalf of women's rights. on behalf of the rights of the lgbt community. that will stand up and say no to citizens united. >> interesting how both of them are applying these political tests to appointments who are not supposed to be influenced by politics. unlike trump, clinton is not naming names. but it's obvious they would take the supreme court in very, very different directions and that's a big part of motivation for a lot of voters. meanwhile, both candidates have their eyes on must-win state of florida. each campaign unleashing a barrage of ads in that swing

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battlegrounds matter. florida may matter most of all. trump certainly has to win it in order to have a real path to 270. some voters in the must-win state say they're exhausted by all the attack ads from both sides. literally sometimes five, six in a row. the latest two polls in florida show what? this. a tight race. a "new york times" poll has trump with a lead of four points and nbc "wall street journal" poll gives clinton a one-point edge. focusing a lot of time and money there. let's bring in boris sanchez live in orlando with more. boy, it's hard to watch the tv these days. >> it is, chris. voters here tell me they can't wait for this election to be over so they can stop watching political ads. it's not just the presidential candidates who spent a crazy amount of money in the sunshine state, specifically here in

central florida. it's also a hotly contested senate race, competitive house races and then local elections, as well, that are dominating the air waves. people here tell me they have been bombarded and actively now tuning these ads out. they are unavoidable. whether in your home, in your car, on your cell phone or even a night out on the town. the near constant stream of political ads on tv has some families in central florida counting down the minutes until november 9th. >> every newscast, every football game you'll have a hillary ad followed by a trump ad, potentially rebutting what was said before and vice versa. i sent my vote in about a week or so ago. i just wanted to get it over with. >> i have three children and the way this influences them and the whole democratic process, it's not a good example for them and for our country looking forward. for them when they become young adults. >> reporter: spend just a short

while in the orlando home of james baker and jennifer and you're inundated. >> the gravtaus of morgan freeman. >> reporter: most of that here along the i-4 corridor. in fact, no other tv market in the country has seen more spending than orlando. with $25 million on pro-clinton ads and $7.7 million for trump. >> definitely makes you just tune out. you definitely just start to tune out to all the messages because they're conflicting, they're negative and you don't even want to pay attention any more. >> reporter: jennifer and james worry that so much negativity and so much mudslinging will shape their kids. >> it's okay to argue and it's okay to debate but the personal attacks. the focus should be more on what

are the solutions and policy aspects and not i'm calling you this name or this person is calling someone else a different name. no ads during team titan. >> reporter: this family found one animated way to dodge the political rhetoric, others have turned to america's favorite pastime. >> i would rather watch the cubs play all night long than listen to any more political crap. >> reporter: how does it feel to see so many? >> i think this year is undoubtedly the worse. >> reporter: it's still about a week before the election, but for the floridians who have been packing into the friendly confines a chicago-themed bar on the outskirts of orlando, the only victory they cared about has nothing to do with either hillary clinton or donald trump. what is a bigger story to you right now? the world series.

>> the world series. >> reporter: do you totally tune them out? >> no, i don't think you can because they're everywhere. >> and those fans, fortunate, that the cubs won last night. they get to at least tune out to perhaps tomorrow, maybe even wednesday for a game seven but then it's back to regularly scheduled programming. chris and alisyn. >> i can't really imagine what that looks like any more, boris. thank you very much for all that. at least 18 million voters have already cast their ballots in 38 different states. so, who has the advantage today? let's bring in cnn politics executive editor mark preston. so, let's just go through the numbers for one second. 18.5 million votes cast so far. here's what we know a little bit. 4.7 million votes for been from registered democrats and 4 million votes from registered republicans. what more are you seeing? >> well, specifically, let's look at eight different states. when we're talking about where the democratic advantages might be or where the republican advantage might be.

they are split across four states each. for democrats right now, they lead in the states of colorado and iowa and nevada and in north carolina. these are all critical battleground states. meanwhile, republicans lead in arizona, ohio, florida and utah. now, while republicans are leading in those four states right now, these are states in many ways that donald trump should be leading or should be winning. that is good news for hillary clinton. when you look at specifically the state of florida. you would expect the republicans have a bigger lead than they do right now. given the news in the past 72 hours where people have already cast their votes. that is even better news right now for hillary clinton, alisyn. >> in terms of who is voting for whom, all we have is really registration data. how does that play into your typical/historical understanding of the ebb and flow of partisan support of prevoting? >> right. so y would like to say that this election is following historical trends from previous elections, but we just don't know.

we don't know some of these democrats who we can ascertain that they had voted and they had voted democratic in the past that they will stay with the party. but trump, we have seen, has been able to pull over some democrats into his camp. vice versa with republicans who are not enamored with donald trump and don't think he is a republican. so, we just have to look at it in a broad swath and say right now that this is the best data we can look at based upon this party affiliation and people voting and, quite frankly, in states where we get this information. >> hey, mark, if you've already cast your vote and one of these 18 million people and you are affected by any sort of new information that has come out on either side. can you uncast your vote and change your vote now? >> no. once you mail it in or pull the lever, that is it, you can't go back and ask for a do over which some people are wishing is the case, but, no. >> mark, thank you very much.

see you about eight more times today. the latest in the hillary clinton e-mail saga is raising questions and likely so. donald trump is likening it to watergate. let's get more insight and bring in brian stelter and bill carter cnn media analyst and alisyn and i love to agonize over what of trump's misstatements do we bring out and giving them more exposure and which do you dismiss? the watergate one was worth putting in. carl burnsteen is not quick to dismiss things. >> should we play it? >> yeah. >> trump sound. >> this is the biggest political scandal since watergate. and it's everybody's deepest hope that justice at last can be

properly delivered. hillary has nobody to blame but herself for her mounting legal troubles. her criminal action was willful, deliberate, intentional and purposeful. >> it's not watergate. watergate was about a criminal president of the united states who presided over a criminal administration from the day he took office until the day he left. >> why does this matter? it's hipyperbole. >> it brought down the adm administrati

administration. you often hear this is worse worse than watergate. that reached in every corner of the government and this is, obviously a murky situation. not a clear cut scandal. >> when you watch that sound bite of donald trump to me most interesting is the crowd's reaction. this is bigger than watergate. giving them reason to believe he is going to win and clinton is a crook who should be in prison and unleashing something in the crowd that is greater than himself. he is causing his supporters to believe that the opposition should be in jail. >> and we will get to some of the things that we've seen in the past few days at the trump rallies because they are really shocking. and we do want to show the viewers. but, first, on the watergate scale. if that's our scale that we use. >> yeah. >> it's impossible to actually know what number you'd rank this on the watergate scale in terms of the e-mails because we don't have any information. >> we don't know what it is yet.

>> there was no crime. watergate was a crime. it was a felony. proven as such on several different levels. no crime here. >> if i had hair, i would be tearing it out. the lack of information is befuddling and interesting and frustrating for everybody involved. no matter what side you're on and no matter what team you're playing for right now. >> it puts tremendous pressure on the media. this is all about context. everything here has to be explained because this statement came out without any context at all. we don't know whether this is real or not. and it's causing and all the people know that e-mail and scandal put together as two words. i don't know -- what is that legitimate or not? >> i was talking to clinton strategist over the weekend and saying that voters take these e-mail stories together as a pot. the wikileaks and the clinton foundation and everything e-mail related is sort of taken together in a stew. it's very confusing for the voters. >> time and attention, though. today what are they not hearing

about? fahrenthold from "washington post" basically came out with the inside of a doughnut hole that the guy has been showing up at things, pretending to be a don'ter a donor and he wasn't. you won't hear about it and many people say, why should i? fair analysis. >> i think both stories matter and i'm glad fahrenthold is on it. it did come up on the sunday shows. it is getting a lot less attention. >> trump managed to do extreme things on clinton stories in the past, too. always what is the big lead and you're going to get massive coverage of that. >> let's talk about what's going on at trump rallies. >> it's unprecedented, really. >> well, it was those left-wing agstarts. no, this is not anybody who was provoked. these are people who are his supporters who are by what is

happening at the podium. sometimes the prespeaker and sometimes it's donald trump himself. ethnic slurs to the reporters. so, watch this moment. >> usa! usa! usa! usa! >> so, that guy was say to the press corps. >> obviously, we heard trump supporters who are in the white supremacist camp and antisumettic forces there and they're being spoken to without being sort of put down. this needs to be addressed rather than just sort of say. this needs to be addressed and it's not addressed. >> kellyanne conway did call this deplorable yesterday. he said he was happy to see that. it was a positive step forward. but the groups would like to see trump address this more directly. these are isolated cases.

we see one and then one and then one. there is enough of these isolated incidents that it does seem to be an issue for the trump campaign. and i think, again, it goes back to what dominates the news on any given day. if it were not for other stories, maybe more focus on this issue. >> look, there's no real good that can come out of even the analysis. you know, is there a risk to be in a demagogue? yes. you stoke everybody's anger. and the irony and the sad part is that that all right movement is real. it's real within his own campaign. that's true. but much bigger are all these middle class and working class families who need a voice. who feel so desperately underrepresented that they will forgive trump's obvious failures because they're desperate for a voice in a system they believe has forgotten them long ago. that's the tragedy. >> that's the big story of this election. that's why some journalists, including myself, missed the trump phenomenon. did not see it coming earlier

on. that disconnect between maybe it is the new york, d.c., media class and some parts of the rest of the country that have been hurting is one of the predominant themes of this election. i hope that after this election those same stories, those same issues are not forgotten, again. >> maybe that will be the silver lining. >> i hope so. >> of this long road. you start would hair at the beginning of this election and look what happened, brian. brian, bill, thank you very much. all there is a lot of news and analysis needed. let's get to it. >> they are reopening the case into her criminal and illegal conduct. >> comey wrote a letter that was light on facts, heavy on innuendo. >> i bet there was a revolt in the fbi. >> it is pretty strange to put something like that out with such little information. >> i don't know where this e-mail and where these e-mails came from. >> by the way, we're leading in so many polls. i can tell you, i wouldn't be voting for her. >> no matter what they throw at

us in these last days, we're not going to back down. this is "new day" with chris cuomo and alisyncamerota. welcome to your new day, happy halloween. the fbi has a warrant to begin examine thousands of e-mails from hillary clinton's long-time aide huma abedin. fbi director james comey did not reveal the discovery until friday in that letter toon congress. >> talk about a real trick or treat depending on your political persuasion. right now you have dozens of former federal prosecutors blasting the fbi chief's decision in the final days of this election. both campaigns calling for full transparency. there's so much at stake. there's just eight days until this election. let's begin our coverage with cnn's justice correspondent evan perez. what a weekend you had, my friend. >> i tell you, chris. good morning.

fbi investigators armed with a new search warrant are beginning the work of reviewing thousands of new e-mails belonging to huma abedin. one of which's closest advisors and they think some of these e-mails found on an account from clinton's private server. one that was not previously seen by the fbi. that's the reason why they're investigating whether it affects the case that the fbi thought was completed back in july when the fbi director james comey recommended that no charges be brought against clinton or anyone else. investigators found the e-mails weeks ago. stumbling on them as they conducted an investigation on abedin's estranged husband, former congressman anthony weiner. he is under investigation for allegedly exchanging sexually explicit messages with an underage girl. that's leading to questions from the clinton campaign about why all of this only became public on friday when comey sent a letter to congress days before the president elecon