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 election. investigators spent the past month doing a lot of work,

trying to figure out how big of a deal this was. technical experts spent time cataloguing the e-mails and to determine a significant number of the e-mails appeared to have gone through the clinton server. they cwere constrained that a search warrant that was limited to the weiner sexting case. they saw enough in the e-mails to know there may be classified information in them and that some not have been reviewed before. some may have been deleted before. despite calls from the clinton campaign and republicans to provide more information, comey right now has no plans to say more while investigators are doing their work. >> that is interesting, evan, thank you for that update. the fbi director is under fire from the left and some on the right with this move. the e-mail probe is eclipsing other issues in the last week of the political race. brianna keilar is live with more. good morning. >> it is unprecedented what is

going on here, alisyn. never been a major party candidate going in this close to the election who is under this cloud of fbi scuteny. you have the clinton campaign really stunned by this new development narrative and taking aim at fbi director james comey. >> shockwaves through hillary clinton's campaign following a letter 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. currently under investigation for sexting with a reportedly

underage girl. comey can't say if the e-mails are significant. they could even be duplicates of those already reviewed. now, 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 because it happened in violation of normal justice department protocol and involves talking about an ongoing investigation which violates the protocol. >> reporter: harry reid pinning a letter to comey that he may have broken the law by violating the hatch act, a law that prohibits employees in engaging in activity. as 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 overdue" 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 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: clinton is getting some backup from some big guns, including eric holder, former attorney general in the obama administration. he is penning an op-ed that appears in today's "washington post" and deeply concerned about a vague letter to congress. he says the decision by comey

was incorrect and he also says that it violates rules. one being, you don't talk about an ongoing investigation and the second one that holder put in place himself, which was not to take unnecessary action very close to an election. is this unnecessary? that is really something we don't know. a lot of unanswered questions. >> all right, thank you very much. let's bring back the panel. evan perez and washington bureau chief, jackie kucinich and alex burns and "washington post" reporter abby philip. evan, as the justice reporter for us here, everybody says who knows anything about the situation that comey is dealing with a lot of political pressure in house and out of house. how true is that? >> boy, he's in the middle of all of this, chris. you're right, he's getting pressure both inside his organization and outside.

now, inside there's a lot of ointrigue. look, the problem here is that there is a new york field office which first began handling the clinton matter. the e-mail server investigation and it was moved to headquarters where comey was closely monitoring the investigation. there's a lot of people in new york who are very angry about that and they frankly are getting a little revenge which you see in some of these stories that are out over the weekend. also some disagreement behind the scenes about whether or not the fbi has been going hard enough on the clinton foundation. there's some agents who have been wanting to send subpoenas and do more investigative work while others, including people at the justice department, feel that there is just not enough proof there to warrant more activity. so, he's been facing all of this and managing all of this and now you have this anthony weiner sexting investigation and that's why we're here where we are. because of these new rev revelations that really prompted the fbi to take a further look

at what we thought was a closed case. >> alex in comey's defense f he was worried about leaks from agents or whomever coming out, he wanted to get ahead of that. that makes sense. he also promised congress if there are more developments on this. i promised you that this investigation is completed, but if there are more developments, i will come back and update you. didn't he have to send this letter to them given that he learned there are new developments. >> one thing that is very special is that there is very little that the fbi director has to do in terms of responding to the political pressure responding to the demand of moment to moment news. you can see why his thinking would have led him to behave the way he did. would it set off this kind of nuclear bomb in the political scene if he felt he was essentially doing the most cautious and conservative version of the various actions that he could have taken. you know, put yourself in his shoes. you could also imagine sending that letter and keeping it

minimalist for a reason. to not introduce too much information into the mix. >> he had no duty to send a letter to congress o, period. >> he promised them he would. >> he promised a development. so, if it had leaked. hey, we hear you're looking at these e-mails. yeah, they have some. if anything comes out of them, i'll tell you. that's the way the fbi usually work physical you get anything out of them at all. no question he's playing politics with this. may lead to being a special prosecutor because if he doesn't bring a case, he looks like a fool. if he doesn't bring it -- so, you have to keep lynch. she's compromised because of the political optics of this and you'll hear congress asking for a special prosecutor which has to be hillary clinton's biggest fears. donald trump playing this perfectly. i think they found the deleted e-mails. he can say it, no bases for it,

but he can say it. this is worse than since watergate. that he can say it. intentional acts by clinton. he can say it. but what is he not doing? where is donald trump this morning? not on tv. this is the best move of his campaign. my opinion. they don't have him on tv this morning where he could screw this up. >> it does become a choose your own adventure. we're talking about special prosecutors. we don't know what are in these e-mails at this point. you don't know -- >> you don't have a special prosecutor. >> no, you don't. because the language was so vague it does leave open a lot to the imagination and donald trump is running with it and inflict maximum political damage eight days out. it's starting 11 days out and, you know, you have to imagine if the shoe was on the other foot, hillary clinton would be doing the exact same thing. >> but trump usually would be on tv. >> the hardest thing about this for the clinton campaign, they don't know what they're defending against at this point. you saw that play on the sunday

shows over the weekend. they're saying that nothing is wrong. but do they really know what they're being charged with or not charged with? there are so many unknowns to really put them in a bad spot. >> is the term special prosecutor enough to repel some democrats from the polls? >> well, you know, i talked to some democrats over the weekend and many of them are worried about this in a very narrow sense. that for people who are already kind of unsure on the fence about hillary clinton, they're worried about the so-called clinton scandals. this plays into that narrative that not only is this a feature of the candidate, but that it would be a feature of the candidate's presidency. so, there is a potential for this to sort of depress or even potentially delay votes. because what we're talking about here is in many states, particularly in these battleground states, people who are already going to the polls and making decisions every single day about whether they're

going to go to the polls and vote for hillary clinton. the clinton campaign wants those people to go immediately. and i think there's no question that's news like this can have a potentially depressive effect. we know for a fact that on saturday, for example, it did not necessarily in some of these states slow down early voting. but this story is just developing. it's just getting started and i expect it to continue in a way that is really unfavorable to the clinton campaign at this point. we now have a number that trump is working with. 650,000 e-mails. how he characterizes it is not always necessarily the most accurate. >> not always necessarily the most accurate. understatement of the day, abby philip. >> evan, evan, just to make sure that i heard you right, is your new reporting that james comey does not plan to update voters in the next eight days? >> he has absolutely no plan to speak out. i think they're going to put him behind a closed door and lock the door and throw away the key

if they have any choice at the fbi headquarters. look, they don't know a lot about what is going on. they still don't know the content of a lot of these e-mails. >> they could learn it. they could learn it. they have a warrant. they could learn something in the next eight days. >> they could learn. but in order to figure out whether there is classified information, they to bring in the cia and other agencies to review this. this is stuff that takes a while. plus, you probably have to reinterview huma abedin, that is something thing that has to happen before you wrap this up. he's probably still going to get criticized if he does that. >> panel, thank you very much for being with us this morning. so, as we have been discussing -- chris is exhausted. donald trump is seizing on this new e-mail clinton probe claiming it's bigger than watergate. is he going too far? we'll talk to trump's senior communication's adviser, next.

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donald trump jumping on the news that the fbi is reviewing e-mails from a top clinton aide. saying it's the worst thing, even worse than watergate. take a listen. >> we all know about hillary's mounting legal troubles. that she has brought on to herself with her serial, willful, purposeful and deliberate criminal conduct. this is the single biggest scandal since watergate. >> let's discuss with jason miller, senior communications adviser for the trump campaign. worst scandal since watergate. fair point. scandal doesn't have any legal meaning. but it being worse than watergate. watergate was a crime. you have a conspiracy of 48 people. is there any line that you're in danger of crossing in terms of how you describe what is going on with clinton versus nixon? >> well, chris, good morning. thank you very much for having

me. >> always. >> but what i think we're going to find is this investigation concludes and we finally find out everything that went into this from the intent to what was actually carried out and mr. trump will be proven exactly right. keep in mind, this is a case we're talking about where already we had five different people take the fifth amendment in this whole system and keep in mind, yes, we're talking about the state department and e-mails that were set up and confidential and top secret information and the different devices and the national security risks that were exposed. the extreme carelessness that we saw. here's why this matters to the american voter. the fact that you have this system that was deliberately set up to go around the norm so things couldn't be looked at. tying back to the clinton foundation and the clintons themselves getting rich. so, you have everything from national security secrets to the clintons going from dead broke when they left the white house to being worth hundreds of millions of dollars without so much as building or inventing

anything. this goes so deep and goes to the core of why americans are frustrated with washington. quite frankly, this then goes towards that movement of why mr. trump is essentially, has become so big because people want to change and they want to do something different in washington. >> compelling except there is no proof of any crime. you say when this is all over he'll be proven right. you believe that what comey's guys are looking at right now, 600,000 plus e-mails and you think there is going to be proof of intentional conduct by hillary clinton to take classified information and put it places where she knew she shouldn't? >> well, again, the -- i don't work at the fbi or the doj. >> you just said, that's why i'm asking. when it's conducted, he will be proven right. trump said she intentionally broke the law. you think that's what they're going to show? >> when you go through and combine everybody with the ultimate clinton foundation and the pay for play that we saw with the memo last week with

doug band and here's how we can make upwards of $66 million. keep in mind, don't just listen to what i'm saying. the fact that the clinton foundation had to go and hire outside legal counsel to see if this for-profit enterprise would jeopardize tax status shows there was an intent with this organization. >> the foundation wasn't for profit. you're saying that bill clinton's making money through doug band as his agent was for-profit, just to be clear. >> absolutely. but what i'm saying is what the result then of all of this is that you had confidential and classified information going outside through this whole system on the secured e-mail system. >> none of it seems to be a crime. all of it has been reviewed except what we're waiting for right now. i'm just saying, where is the basis to say they just recovered those deleted e-mails. it's intentional actions to break the law by hillary clinton. that's what your candidate has been saying. there's no proof of any of that.

>> i think when this is concluded. obviously, the issues of confidential and classified material being put out there and then also issues of obstruction of justice and what length is it clear when we come out of this that there were intentional steps to go around the conventional system for evading laws and regulations. i think it will be very clear that that was the intent and that was the effort. i mean, i think there are a number of things in this investigation that are worth pointing out, as well. the fact that we have gotten this far into the process and we're just now finding a laptop has 650,000 e-mails on it. thousands of which has been reported or estimated, i should say -- >> you guys are using that 650 number as if they're all huma abedin's. you don't mean to do that. ze zero chances that they're all hers. all our sources from inside the fbi say that. enough that they went for a warrant to independently review them. nobody is disputing that. 650, is that the right number to

use? >> chris, you read the same "wall street journal" report last night as i did. said there were 650,000, thousands of which, at least thousands of which -- >> that's accurate. >> as was the 650,000. >> but, let me switch topics here real quickly. i want you to respond to this instead of it being a spin cycle. clinton has a new ad out. something that we saw in the '60s the daisy ad about nuclear weapons and this time directed at your candidate. let's take a look and get your comment. >> i am hillary clinton and i approve this message. >> this was me in 1964 the fear of nuclear war we had as children, i never thought our children would have to deal with that again. to see that coming forward in this election is really scary. >> trump asked three times -- >> why can't we use nuclear wep snnz. >> i want to be unpredictable. >> what safeguards are there to stop any president who may not be stable from launching a nuclear attack? >> the commander in chief is the commander in chief.

>> now, what's the thrust of the ad? that it's one thing to play fast and loose with the facts about the e-mail investigation. but when he's quick and someone suggests without thinking even his old buddy joe scarborough in this ad he doesn't think through these things. fair criticism? >> i think the ad is stabbing a desperate attempt with a week to go in this election to get attention away from the e-mail and fbi investigation. the world has become a less safe place during the obama and clinton administration. you look at secretary clinton's role with pulling out of iraq. you look at what happened with libya and syria and, quite frankly, the rise of isis on her watch. these are specific things that we can point to where the world has become a less safe place. >> why should it not concern voters if they're going to elect a man president who has said several times in the past, well, maybe we should use nukes in a situation like that and has been casual and references about who should have nuclear capabilities

and whether or not it should become part of the current status of how we deal with situations. why should that not pea troubling? >> he hasn't said that maybe we should use nukes. he talked about, mr. trump is one of the -- opposes the u.s. getting involved in places it doesn't need to be and nobody is out there -- respect or characterizing it like that. i would wholeheartedly disagree. the fact is that the world has become a more dangerous place under secretary clinton. i think when we look back at this race and look at where a trump presidency goes, we'd say he has been right not only with his temperament and where we need to be in the middle east. you can point to the russian reset to a point where we become less safe and basically gave away the farm when we talk about secretary clinton. so, look, the bottom line is ads like this in the final week of a campaign smacks of desperation. i think everyone at home can look at it and see exactly what's going on. >> everyone is desperate at the end of this election.

they all want it to be over. >> but, i'd say the one thing you can look at where people are already voting. when you look at florida, for example, republican turnout is already up by 7% and democratic turnout is already down by 10%. you know, we're doing 100,000 votes better in the early voting delta between the republican tickt and the democratic ticket. in north carolina, we're ahead by, 35,000 votes ahead of the pace. in iowa 17,000 votes ahead of the pace where we were four years ago as a party. these early indicators, the polling we've seen two polls in the last several days showing mr. trump ahead by four points in florida and looking good in iowa and north carolina. you look at his schedule. mr. trump was in new mexico last night. >> not on tv this morning, though, jason miller. that is very impressive to me. i have to cut it here. any time you want to meet before the election, i know it's important. surprised that donald trump is not on tv this morning himself talking about this. alisyn? >> let's get hillary clinton's

side now. hillary clinton said donald trump is lying about the e-mail probes and joined now by elijah cummings, supporting hillary clinton. good morning, congressman. >> good morning. >> congressman, were you shocked when you got this letter from director comey on friday? >> i was surprised that the director who has told our committee on several occasions that his number one concern is his reputation that he would issue a letter that, number one, was so vague. and that basically gave donald trump a softball to hit over the fence. and he knew, i'm sure, that this is exactly what donald trump would do. he would exaggerate. and, again, it's vague. we don't know how many of these e-mails are duplicates. and we don't have very much information at all. but the fact still remains that,

you know, he -- it doesn't surprise me, though, in a way that he did this. because i don't think the american people have a clue as to how hard the republicans, particularly on my committee, have been on the fbi. this is a man that is director comey who they love. they said, oh, he was the greatest thing in the world at one time. very honorable. when he came out with the decision in july not to recommend prosecution of ms. clinton, they suddenly turned against him. and, so, you know, and now what they're doing is trying to get every note, every -- they've gotten the interviews of the fbi and everything involved in the investigation. now, as i told director comey at the time of the hearing back in july. i said to him, sir, they are now going to investigate you and your agency.

that's exactly what they're doing. asked me in a way, was i surprised? i wasn't. >> do you think that director comey acqqueoused and that he's doing this for purely political reasons? >> i have a lot of respect for director comey. i think what has happened is that he knows that republicans, if he makes any misstep the republicans are going to be all over him and they're going to try to bring harm to him. and he doesn't want to -- i think his position is, look, they're looking at everything i do. i want to make sure that i let them know what's going on. but i have to tell you that thing that he did say in our hearing and stuck with me is he said i do not believe that there should be a double standard to the disadvantage of secretary clinton. and that's exactly what's happening.

one of the things that you all have not talked about -- i want to get this in. one of the things you all have not talked about and i listened to the interview with jason miller. you know, there has been a lot of information out there about mr. trump, mr. maniford and russian government and members of congress, including myself, have asked for months for the fbi to provide us with information as to whether mr. trump other associates and the russian government have any coordination or connection with each other. >> and have they? have the fbi given you information? >> not one syllable. so, the question is, do we have a double standard here? you have hillary clinton and ms. abedin, who has cooperated with the fbi. keep in mind when the fbi came before my committee, this is

what the tredirector said. he said i had 20 of my all-star fbi agents. senior fbi agents who agreed unanimously that there was no reason to bring charges in and no reasonable prosecutor would do it. on the other hand, we have not gotten one shred, one syllable with what is going on in regard to mr. trump. give me a break. >> do you agree mr. comey broke the law in doing this? >> that is a question that must be left up to the special counsel and i would hope that the special counsel would rule on that. but that's not -- the bigger question is this. is one of fairness. if anything i know and i believe in is fairness. you can't have a double standard on one end where you come after hillary clinton and try to, i mean, basically put her in a position where she can't even defend herself. but on the other hand you have

gotten mr. trump out of here making all these wild accusations and nothing, nothing, no information coming out about him. i would ask right now for speaker ryan and chaffetz our chairman in the oversight committee to join me in asking the director to, number one, give us more information about the hillary clinton letter that he sent out the other day, but, also, join us in making sure that we find out what's going on with mr. trump, mr. manaford and others. i think that's the only way now that the director has stepped down this road of reviewing everything that the fbi has done. by the way, that's pretty much unprecedented almost. but walk down this path and the way to even that out is to at least let us know, if anything. there might not be anything. but, again, think about what mr.

reid said in that letter you had talked about. he found out through his conversations with the intelligence folks and others that there is explosive information about mr. trump and his associates being investigated. and he's asking that it be put out there. that's all i ask. put it out there so the american people see it. >> let us know if you hear from your republican colleagues in terms of your request on that. >> i promise you. >> thank you. >> to the folks outs the s out haven't voted, please vote today. >> thank you for being on "new day." referring to donald trump as a legal alien. what does that mean? thomas friedman joins us, next. times and bad... d ...at t. rowe price... ...we've helped our investors stay confident for over 75 years. call us or your advisor. t. rowe price. invest with confidence.

well, fbi director james comey is under fire this morning after delivering the latest october surprise in this race. on friday, the fbi chief made this announcement that agents have discovered new e-mails that may or may not be relevant to the now closed investigation into hillary clinton's private

server. let's discuss this with "new york times" columnist thomas friedman author of a new book out soon called "thank you for being late." tom, great to see you. >> great to be here. >> what do you make of director comey's decision to alert congress that there is a new that may or may not have relevant e-mails in the clinton server investigation? >> alisyn, i have been working washington for over 20 years now and one thing that is obvious to me you rarely hear the fbi director speak of anything in the time that i've been here. so much of this strikes me as the age of twitter. life imitating twitter. when the fbi director came out in july and gave this long explanation of what he did, that struck me as a guy who is reading his twitter feed too closely. we did this, we're not talking about this. we never do. this is my decision, too bad. you want comment, ask the

justice secretary. but not me. and i feel like from the very beginning this is a man who has been way too concerned about what is being said about him and not tough minded enough to take the decisions, whatever they are, whichever way they go and don't comment on them, which has been the tradition of the fbi. >> problem is, he did it. and once he did it, you have to cover it because the fbi investigating somebody is relevant. and they don't really close cases, as we both know. but he did say something definitive. so, now, you have this problem. this is unusual, but he did it. so, you cover it and then you get criticized, of course, which is nothing unusual that, well, you're not talking about trump's negatives enough. but an fbi investigation, tom, carries more weight, doesn't it? >> well, chris, no question about it. i don't blame you for covering or the "new york times" for covering. it is all over our front page.

nothing we can do. you've alluded to this rightly this morning. could you imagine if we were reading trump's e-mails from the last, you know, two years. or their internal communications. can you imagine if we really could talk about regularly where the e-mail hacking from the democratic party is coming from. it's coming from the russian intelligence services. so, the whole election has been polluted. and, chris, you know, this is a really important part. i have a zimbabwe friend that immigrated to americans. she said to me you americans kick this country around like it is a football. it's not a football, it's a fab ruegg. you can crack it. what makes america so unique is we have these institutions that are truly nonpartisan, like the fbi. and we are playing with such fire here. it is terrifying to me. >> and, so, what do you think about what congressman elijah

cummings just said which is he thinks that director comey has been much more aggressive to your point in investigating clinton rather than investigating say, any link between the trump foundation, trump campaign and russia. and he thinks that that is because comey is sensitive to republican criticism. >> alisyn, i'm in no position to judge that. you know, the fact is and chris alluded to this earlier. these clinton e-mails -- there's the e-mails. the e-mails. has anyone found any definitive proof that any foreign government has obtained these e-mails? have they found any definitive proof that there is anything in it that imperils national security? so, you know, i think the whole thing has been exaggerated from the start. but let me say this. hillary clinton has no one else to blame but herself. why in the world did she do this incredibly stupid thing? >> yeah.

look, somebody explained it to me very clearly this weekend. clinton gave you the bat. you then took the bat and went running around the house breaking everything in it. you know, if not for the bat. but you have two different types of causation in the law, at least. you have but for, i gave you the bat. you also have approximate causation. yes, we screwed up with the server, tom. but now you have our opponent saying there is proof that we intended to break the law and this is worse than watergate and they're all running around saying it is all but decided and that is untrue and the media says it like it could be true. >> chris, absolutely. you're dealing with donald trump who has been shown to be a serial liar. he lies as he breathes. it's been true from the very beginning of this campaign. unfortunately, two things have really, to me, dominated this campaign from the very -- two things that trump has said is true.

one is that he could shoot someone on fifth avenue and none of his supporters would care. you know. and that's a horrifying thought that his hold on these people. by the way, kind of an expression of deep contempt for his followers. and the other is an internet that was around last week. when you listen to trump talk about policy, it feels like you're hearing a fifth grader give a book report on a book he's never read. from the beginning this man has been running for president without any preparation in any serious way of the issues he's going to have to deal with. that is, to me, the most horrifying thing i could possibly imagine if he should lead this country. we're at such a critical juncture on issues like climate change and education to work. what's going on. i was at the ibm watson convention last week. ibm watson has co-written with a

songwriter a pop song. like number four on itunes. machines now are doing more and more work. we are at a critical time to have someone who assumes the presidency who has not spent five minutes preparing himself for the job. he is horrifying. >> tom, your new book is called "thank you for being late." i like that motto. as someone who is chronically late. but what do you mean by that? >> the book really is about the fact, alisyn, that we're now in the middle of three accelerations thacceleration s at the same time. one is in climate change. one is an acceleration in globalization and one is an acceleration in technology in general. three radical accelerations and they are reshaping the workplace, politics, geopolitics, ethics and community all at the same time. we are going to have to rethink all of these realms, whoever is our next president. and you want someone in that job

who can rise to that challenge. how do we provide work in a world where we have computers that cannot only win at chess any more. they can write rock songs and write my column. we are at the cusp of an incredible, technological and environmental inflection point. you need someone really serious in this job. the book is about what this inflection is all about and how we manage it. >> get the book out and come back on the show so we can discuss it. love to have you, tom friedman. one of those voices who says, look, there is a light at the end of the tunnel. and then you ask the question, is it the train? so come back and talk to us about it, please. >> thanks, tom. >> really appreciate it. thanks so much. all right. so, the fbi director james comey front and center. you know why? because he put himself there. was this the right thing to do from the beginning how he handled this case against hillary clinton? we're going to speak with former

president george w. bush's chief ethics lawyer who filed the complaint against comey. why did he do that? next. prepare for challenges specific to your business by working with trusted advisors who help turn obstacles into opportunities. experience the power of being understood. rsm. audit, tax and consulting for the middle market.

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there is an election going on, but there's a war going on, as well. the battle for mosul is intensifying. iraqi and coalition troops are making progress. they're advancing, we're told, toward the eastern part of that city. but isis remains armed and ready to fight and often in horrible ways. cnn senior international correspondent nick paton walsh, live in erbil with more. what do you know? >> chris, iraqi forces saying they're advancing hard on the east now, in fact, some accounts suggesting they may be within hundreds of yards of actual city limits of mosul itself. we'll see these reports continue as they press forward. but as we've seen ourselves, the resistance they're facing from isis is often fierce. the last phase of lifting isis' dark curse from iraq begins here. trying to hit a spectral,

fleeting enemy, lit only by the glow of mosul's city limits. barely two kilometers away. the iraqi special forces, trained by the u.s., target with a tank here. where they are attacked from during the day. telling us to husband humvees as cover when they move. their commander major salim has fought isis in fallujah, ramadi, and now the end is near. where did the artillery land, he asks? just visible in the distant lights of mosul. this is the global tip of the spear in the war on isis. surging forwards, on a thin strip of land, into isis territory. and, as we see in the same area

in daylight, facing constant counterattacks. here they can see isis just beyond the berms. the incoming is from behind it. a truck that pops up, opens fire and vanishes. isis less than a kilometer away firing at iraqi special forces position. this is a constant day in day out. where is it moving, he asks? as fast as it emerged. the truck vanishes. here there are yet tougher hoursz ahead. darkness has just fallen, the sky is alight with ferocious fire power. isis have attacked the berms.

suicide bombers. rocket-propelled grenades. it is constant, exhausting, closer and closer to the roof we are on. we simply do not know where in the town around us isis may have broken through. the most intense we've seen so far towards this iraqi special forces position. now, we move forwards, it seems, to try and stop them coming down the road. >> isis despite being in their end's days still able to conjure the terror that began their rule. a steady stream. the unit we were with earlier on the roof have been hit. rockets struck, many of them

asleep, tightly packed in a room. the blast killed 14 soldiers. many limbs torn clean off. major salim is shown the weapons of the dead. he pauses in emotion. >> you guys are heroes, he says, and none of you should be affected by this. those suicide bombers are nothing. two kilometers from mosul city, and seven left to the center to go. now those 14 dead, one of the largest casualty incidents we've been aware of since this offensive began in iraqi forces. the coalition had days ago been talking about the need to perhaps slow down, pause, consolidate the territory behind iraqi forces. well it's unclear, really, if that had any impact on iraqi strategy here. they are forcing their way towards that urban straw now where the fight will be bloodier and more difficult and where

potentially many of these 1 to in2 million civilians, who many are deeply concerned will be caught in the cross fire or used as human shields are actually now. difficult times ahead. >> oh, my gosh, nick, what incredible reporting. your piece shows us the herculean task ahead for those troops, thank you very much. fbi director james comey under fire after sending a letter to congress about the fbi investigating e-mails from huma abedin on a computer that may be connected to the private server investigation of hillary clinton. comey broke the protocol by only sharing vague details, a move that's drawing intense criticism just days after the election. joining us now to debate this former chief white house ethics lawyer under george w. bush, richard painter, and former deputy attorney general under president george h.w. bush donald ayers. gentlemen, thank you very much for being here with us. mr. painter i want to start with you. on saturday, you filed a complaint with the office of government ethics against what james comey did. why did you feel compelled to do that?

>> well, the united states is a country with a rule of law. and we do not allow anybody, the president, or members of congress, to use the fbi to go after their political opponent. and members of congress are not entitled to periodic updates on election eve of fbi investigations concerning their political opponent. the fbi should not allow itself to be used that way, and that's clearly what happened here. we have a situation where there is no case against hillary clinton. that investigation was closed. concerning an e-mail server that the state department allowed her to use -- >> right but what if this is new information? what if this are -- sorry to interrupt, what if this is a new development? what if these are new e-mails that hadn't previously been disclosed? >> well, we -- these are e-mails in someone else's computer.

these are not on hillary clinton's computer. that we know of. >> mm-hmm. >> and the fbi, of course, is free to continue to conduct whatever investigations it thinks appropriate. they ought to be investigating who's helping the russians hack americans' computers. >> mm-hmm. >> but they should not be making statements about candidates for political office on the eve of an election while americans are still voting. >> yeah. >> that is a clear violation of the hatch act. >> okay, mr. aier do you agree that james comey violated a law by doing this and is just being used by the republicans? >> well, what i think is entirely clear is that he violated the most basic principles of prosecutorial ethics and propriety. anybody who has ever been a prosecutor knows that your job is to either develop a case and prosecute it and take it to a jury or take it to a plea or to decide you don't have the evidence with which to do that. and what mr. comey did, i think

somewhat tragically, because i think he was trying to do the right thing, was decide that the public needed more than just the word that the investigation hadn't developed evidence to bring a prosecution. he decided he was going to tell the country, back in july, about the specifics of what he had found a little bit about what he thought about it. and the key point is, if you think about an ordinary case where the government investigates, the idea that they would take the evidence in their file, when they decide to close the file, and share it with the country, it's a complete outrage. >> mm-hmm. >> and i think he must have thought that he being, as he,an upstanding and respected person, he's really quite an admirable person, given his record, that somehow it was important and useful for him to share his views on those facts. but, in fact, it was a complete abuse of his power, the

government doesn't have the power to editorialize about citizens' conduct when they're not ready to prosecute. >> hmm. so, mr. painter, if what you say, if your premise is true that he somehow violated the hatch act, does that mean he broke the law? and then what should happen to director comey? >> well, i think -- i think the hatch act was violated. and i think this was done under pressure from members of congress. that does not justify it. it makes it even more serious. because this is not an ordinary hatch act violation, such as someone using their government official title at a political campaign event. much more serious. we have politicians trying to use the fbi to go after their political opponents, to manipulate an election. and that's just not done in this country. we're not going to allow it. and we have to find out what happened and make sure this never happens again. that a congressional committee can hold the fbi under his thumb, and extract information,

simply to -- >> mr. ayer, you know what james comey said in his letter to members of congress, what his rationale was, he said i told you in july that the investigation is complete. i now have some new information, and i want to amend the status of that. we are going to be looking into this. why don't you take him at his word that they deserved that update? >> well, i think this is kind of a tar baby situation. where, mr. comey, i think, with probably quite good intention, back in july decided he was going to tell us far more than he had any business telling us, as the official who was deciding not to prosecute. and having done that, and having tried to be forth coming, he used the word transparency a number of times, including in his letter to fbi employees -- >> mm-hmm. >> on september 7th. >> yeah. >> he's a transparent guy and we all admire transparency. isn't it a great thing? the problem with transparency here is that it takes him beyond

what he has any power to do. >> mm-hmm. >> and the sad thing about this is he's not only been unfair to the -- to secretary clinton, he's been terribly unfair to the whole country. he's put us in a position where our election is in danger of being jeopardized by a bunch of squirrely, unclear, ambiguous information, and he did it, i think, with the best of intentions. but i agree with mr. painter, it's entirely wrong to have done what he did, however well intentioned he may have been. >> hmm. mr. painter, thank you very much for spelling us out for us so that we can better understand what's happening. appreciate you being on "new day." we're following a lot of news this morning. so let's get right to it. >> we're not going to get distracted. we're not going to get knocked off course. >> hillary has nobody to blame but herself for her mounting legal troubles. >> donald trump is already making up lies about this. >> the way to win is to peel off repuic