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 republican votes from donald trump.

>> we're leading all over the place. >> for as long as he has been rich and famous, he has wanted people to believe he is generous. >> he's been incredibly generous with his time and his money. >> he abuses his power. games the system. and he doesn't care who is left holding the bag. >> this is "new day" with chris cuomo and alisyn camerota. >> good morning, welcome to your "new day." happy halloween. boy there's been a big trick or treat depending on your political persuasion. the fbi now has a warrant to begin examining thousands of newly discovered e-mails from hillary clinton's longtime aide huma abedin. fbi agents stumbled upon these e-mails as part of a separate investigation. but fbi director james comey did not reveal their discovery until friday in a letter to congress. >> now, dozens of former federal prosecutors are blasting the fbi chief's decision to do this in the final days of the election.

and both campaigns are calling for full transpecsy. donald trump thinks this is bigger than watergate. there's a lot 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. give us the latest, evan. >> fbi investigators are armed with the new search warrant and they're beginning finding e-mails belonging to huma abedin. abedin is one of hillary clinton's closest advisers and investigators believe at least some of these e-mails are from an account that was on clinton's private server. perhaps ones that were previously deleted. that's the reason why they're investigating whether it affects the case that the fbi thought was closed back in july. when director james comey recommended that there were no charges against president clinton. investigators found the e-mails weeks ago, stumbling across them as they conducted a separate investigation of former congressman anthony weiner. he's under investigation for allegedly exchanging sexually

explicit messages with an underage girl. and that's leading to questions from the clinton campaign about why all of this only became public on friday when comey sent this 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 technical experts spent time cataloging the e-mails, analyzing metadata to determine that a significant number of the e-mails appeared to have gone through the clinton server. at the same time they were constrained by the fact that they were operating under an existing search warrant that was limited to the weiner sexting case. officials tell me that they saw enough in the e-mails that there may be some classified information in them, and that some may not have been reviewed 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 doing their work. alisyn, chris? >> i'll take it thank you very much, evan. the fbi director is under fire

from the left, and many on the right, as well. it's an uncomfortable position and may be rightly so. the new e-mail probe is going to dominate the last week of the presidential race and the question is, did it have to? cnn senior political correspondent brianna keilar has more. brianna? >> chris, it is unprecedented that you have a major party nominee heading towards an election this close and they have this sort of cloud over them of an fbi investigation. that is what hillary clinton is facing. her campaign concerned about it. they're trying to change the narrative by pointing fingers at james 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

partisan 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 overdue." and he's 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: clinton is getting backup from a lot of big names, including eric holder, the former attorney general in the obama administration. he has penned an op-ed today in "the washington post," and part of what it says is that he is deeply concerned about this vague letter, as he puts it, that comey sent to congress. that really started all of this. he said the decision was incorrect, and he really backed up tim kaine, saying that he -- he, james comey, broke rules by talking about an ongoing investigation and doing this so close to election day. >> okay, brianna, thanks so much for all of that. let's discuss it now with our cnn political commentators. we have a clinton supporter and corey lewandowski, former trump campaign manager. gentlemen, great to see you this morning. this is not going to be resolved in the next eight days. we have reporting for evan perez that director comey may not even come out and tell the public any sort of update in terms of what they find if it's substantial, if it's not substantial, so how are voters supposed to feel comfortable pulling the lever

for hillary clinton? >> well, i don't think it's about voters feeling comfortable pulling the lever for hillary clinton. i think, in fact, this is galvanizing the voters. i think the base of the democratic party is completely outraged. i think many in the middle, an independents are completely outraged. because if you look at the usam, which is a united states attorneys manual by governs the conduct of everybody from the fbi to the attorney general and everybody in the department of justice, you see the director comey violated policy back when he made this announcement in june or july. he violated it again testifying in front of congress and then he violated again last friday. and he had this information for a month. and so people are outraged. and they're not outraged with -- with hillary clinton. they're outraged with director comey for coming forward with absolutely nothing. and i know that you're going to ask questions as we proceed but just be cautious in filling this void that director comey has left with innuendo. that's unfair to the american people. >> well it's just uncertain. i mean it's not innuendo, it's just unclear, we don't know and

we won't know what's on huma abedin's e-mail laptop. >> well first of all, it's not huma abedin's -- >> right, anthony weiner's -- >> correct. >> but we don't know what was collected on that lap tap that were her e-mails. >> and that's correct. that's what we're talking about. we don't know if these are duplicates. we don't know if these have already been turnd over. we don't know if they're insignificant. we have no idea what they are. and for director comey 20 come out and say they may or may not be significant, eleven days out from an election, is absurd. it is the biggest error of any administration official since george tenet told george w. bush that wmds were a slam dunk. >> look, here's the good news. it's a gift to you, because i am not beating you over the head this morning with the ferocity that i normally would about this woman who committed voter fraud because she listened to your nominee. or that farnholt has this biggest piece to date about the fact that your boss doesn't give what he says he gives to charity. so you're loving this.

because you don't have to deal with that as directly as you're going to. >> you know what else we're not talking about? we're not talking about clinton inc. which was a big story last week, the amount of money they made from their close relationship to the foundation. we're not talking about the obamacare premiums which in some places are up 100%, in most places up 25%. what we're talking about is a potential criminal investigation, whether that's huma abedin, or hillary clinton, 650,000 e-mails are on a computer, which huma abedin swore under the penalty of perjury she turned over all devices which potentially had this information on it, which we know now not to be the case -- >> well she says she did. she said she doesn't know how they got on the laptop. >> who has 650,000 -- >> she doesn't. >> how can -- >> told on, bakari. you know this. you know that nobody has said that they have 650,000 of abedin's e-mails. they're saying on weiner's laptop. >> that's right. >> that's the cache that they see. >> and what we should do -- >> but that's an important distinction. >> hillary should go out and say release the affidavit that the

fbi applied for to get the warrant. let's see what is on there. someone in the fbi applied for an affidavit, to get a warrant from a federal judge to say there was criminal something here, i want to investigate, why don't you release that information? but -- >> that's not true, either. >> go ahead, how is it not true? >> but see that's not true because all you have to have, and this is the void that's filling with innuendo because all you have to have is probable cause which is a very, very low standard. it doesn't even have to be criminal activity. the fact is the fbi didn't even have a warrant until yesterday. so for corey to actually sit here or anyone to sit here and tell the country that somebody in the fbi read those e-mails and saw something is factually and patently false. >> that's not what i said. >> the reason we know that to be the case is it's fruit of the poisonous tree if anybody at the fbi read any of those e-mails. so we have to stop filling this void with innuendo that's not true. >> what we know is true is that the fbi applied for a warrant from a federal judge. you don't just say hey i'm going to fig this out.

you have to explain why you think a warrant is warranted and a federal judge who is unbiased says yes or no i'm willing to grant you a warrant. yesterday they granted a warrant so that they could go and look at those e-mails because there's potentially either classified information or something that could reopen a case which could cause a constitutional crisis in this country if it is found that there is -- >> because they thought that there was classified -- >> we don't know why -- >> we do know. they said the metadata suggested that there was something -- >> correct. >> on the clinton server >> to the clinton server. >> but this also, this also, this also is not a criminal arrest warrant. corey. what they got was a search warrant. and through the metadata they found information or they found e-mails that may go through the clinton server. and so we do not know what's in them. and the tragedy in doing this eleven days out is that we're not talking about issues. i mean, this is a blessing. this is manna from heaven for the trump campaign because we're no longer talking about the women who've come out and said he sexually assaulted them. we're no longer talking about

the fact he hasn't turned in his tax returns. we're no longer making this election about what it has been which is the temperament to be commander in chief. >> none of those are criminal issues. >> sexual assault is a criminal issue, corey. >> the bottom line is this whether it's eleven days before or one day before the american people have a right to know if the vice chairman of the clinton campaign who is quote like a second daughter to us has violated any laws. >> i agree. no, no, no, i agree. the american public deserve to know if she's violated any laws. but the american public does not deserve to be left in the dark with something that may or may not happen. my good friend matt lewis attempted to make an aknoll ji. i thought it was false so i would add to it. he said is it okay if you throw a flag in the final quarter of the fourth quarter of the super bowl. i said it is but you cannot throw the flag if it may or may not be a penalty. that's what the fbi has done. it may or may not be a penalty and we're sitting here talking about facts that we just simply do not know and now we're eight days out from an election and it completely -- it handicaps hillary clinton, but she's going to press forward and her

supporters are too. >> you know what the problem is? on july 5th when director comey made this announcement that he wasn't going to prosecute the case, i didn't hear back arie or anybody else saying he has violated policy -- >> yes, we did we heard you say that -- >> i didn't see a letter -- >> some of them -- >> because they liked the result. but you hated it. >> of course. >> you said he's way out over his skis. he shouldn't have done this. >> that's exactly right. >> and now he's doing something that has far less precedent and no basis, and you love it. so what does it say about the hypocrisy? >> it's not that i love it. the bottom line is he shouldn't have done either of these things but here's where we are today. >> no, no, no, if you really felt that way you'd say i'm not going to discuss this because just like i said last time this guy has less basis this time to be talking i'm not going to say anything but you're not -- >> it's the number one new story of the weekend. how can you -- >> if you change the name -- >> that's actually -- >> that's also -- >> i'd rather be talking about clinton inc. and the -- >> no you wouldn't. >> of course i would.

it's not like you answered the question you're asked on a regular basis. you can talk about whatever you want. and you love this because you love the unknown. >> there's a potential constitutional crisis here for hillary clinton. >> what's the constitutional crisis? >> if this is found that she lied or that huma abedin lied -- >> you're making stuff up. -- >> there's no evidence to say -- >> -- e-mails in there with huma abedin says donald trump says here's where we should hide the server. >> we don't know. >> usually that's why the fbi never says anything. >> last word? >> but i was just going to say that for corey to say that we were championing this and the republican party is making this, they have this new talking point that democrats weren't saying anything in june or july when comey made his first statement that's patently false and intellectually dishonest. the republicans have used that extreme carelessness line which is a comey opinion but isn't rooted in fact but his opinion back from july and still using it today. the fact is we need to be talking about donald trump and hillary clinton and who's going to make the best president of the united states. and i think that voters have

seen throughout this process, especially after the debate, that's hillary clinton. so i expect a resounding victory next tuesday. >> thank you. very much. >> thank you. >> all right. look. you may like it. you may not. trick or treat. it's up to your political disposition. but the fbi director's decision to talk about a case when he doesn't even know what's in the e-mails yet, is an october surprise. what could you learn that would make a difference to your vote? lawmakers from both sides weighing in next. s

donald trump capitalizing on the fbi's new probe of e-mails from hillary clinton's longtime aide huma abedin. >> to cover up her crimes, she bleached and deleted 33,000 e-mails after receiving a congressional subpoena. but i have a feeling they've just found a lot of them. don't you think? have a feeling. huma. they just found a lot of them.

we never thought we were going to say thank you to anthony weiner. >> well, fbi director james comey revealing that agents discovered the e-mails on a laptop belonging to abedin's estranged husband disgraced congressman anthony weiner. joining us now to discuss this is republican congressman bob good lot from virginia, the chairman of the house judiciary committee and a trump supporter. thanks so much for being here. >> good morning, alisyn. >> do you think it was out of bounds for director comey to send congress that letter when really he didn't know yet what was on the e-mails? >> no, i do not. and secretary clinton has no one to blame but herself for the situation she finds herself in. for the last 3 1/2 months she's been traveling the country, telling the american voters that she has been cleared of this by the fbi director. so, the fbi director, who was under considerable criticism for taking this upon himself back

during the summer, i think, felt very, very strongly that since there was substantial information that needed to be examined, directly related to his earlier investigation, as reported to him by the fbi agents, and prosecutors who were looking into this matter, he felt that it was important that he let the american people know, and the congress know. he told the congress back when he testified before the committee in july that if substantial new information were found, that he would continue the investigation, and that's exactly what he's doing. >> so the problem is, is that we don't know if it's substantial new information. all we know is that it's new information. we don't know what's on there. and, in fact, we just had some ethics lawyers on who previously worked in the white house, and they say the doj has a policy that you do not give updates to people, including congress, in the middle of an investigation unless there's a national security threat. this is no national security threat.

>> the fact of the matter is, we do not know even whether that's the case or not, because of the fact that we are dealing with, and he disclosed earlier on that -- and confirmed that we're dealing with e-mails that contain classified material. however, the fact of the matter also is that when she came and testified before the house select committee on benghazi and raised her right hand and swore to tell the truth, the whole truth, and nothing but the truth, she, in fact, gave false testimony to that committee and that's clearly based upon the findings that the director laid out in his news conference back in july when he announced, and a lot of people thought he went through all the things that she did in violation of the espionage act and then he said, however, we're not going to indict her. a lot of people thought he was going to say we were going to indict her. >> yes. >> but either way the fact of the matter is she committed perjury. >> how? >> they days later i and jason chaffetz sent to the justice department -- >> yeah. >> and the fbi director referral

for perjury -- one word of that for 3 1/2 months. >> you're saying that hillary clinton lied. what did she say that was a lie? >> she said several things. i don't have the list right here in front of me. >> mm-hmm. >> but she said that she had turned over, that there was one device involved, there was more than one device involved. she had turned over all the e-mails that required. >> mm-hmm. >> the director confirmed she had not turned over all the e-mails that she was supposed to have. >> yeah. >> and there were a total of four separate distinct -- >> uh-huh. >> -- things that we outlined in a separate letter >> yeah. >> a month later to the department. still haven't heard from them. what are they doing to protect the people's elected representatives >> uh-huh. >> from people who commit perjury testifying before committees. >> congressman what we've heard many voices on both sides today say that they feel it's pressure, it was pressure from republicans like yourself that made comey break with protocol. that he was sensitive to all the pressure that you applied to him, and that, in fact, this is a big break in protocol with the

fbi director injecting himself into an election eight days out. what do you say to that? >> well, look, look, when the attorney general of the united states got on board an airplane on a tarmac at an airport in arizona with mrs. clinton's husband, the former president, and then a few days later says oops i really shouldn't have done that, that doesn't appear to be appropriate, it's suddenly then fell to the fbi director. and i don't know the circumstances behind how it came for him to have to make the decision that prosecutors normally make. now he's the head of the federal bureau of investigations. not prosecutions. he then took it upon himself to outline his findings in this case. and ever since that time, this has become a major issue with regard to the appropriateness of how it's been handled. and the fbi director today is keeping a commitment he made back several months ago that he would inform the congress if he

tend the investigation, because he told -- >> yeah -- >> -- the congress at the time that the investigation was complete. >> yeah yeah. >> it's not completed. and the public needs to know that no matter the timing. >> yeah it does sound like that that's his rationale. you're right that's what he said in the letter that he had said he would update you and it sounds like that that's what he's doing. we've heard this morning from several people including congressman elijah cummings who says that there should be also an fbi investigation into whether or not the trump campaign is tide to russia, and that that would have very serious implications obviously for democracy for the outcome of the election. are you calling for a more thorough investigation into those possible ties? >> if there are facts available to the fbi that would support an investigation that indicates a violation of the law, then the fbi should follow the truth wherever it leads them. that's exactly what the house judiciary has been doing throughout this entire process. but that is a red herring when

there is no such public finding of that. >> hold on one second, congressman, because there has -- hold on just one second. there have been i think 17 investigative and intelligence agencies that do believe that russia has breached dnc computers, and that has tried to insert themselves into this election and has hacked e-mails. so it does -- there is information -- >> well we certainly -- we certainly should be investigating that. but whether that has anything at all to do with the donald trump campaign is for investigators to pursue. in this case, they did pursue it, they did make findings that she had taken actions that are clear violations of the spange act, they act that notwithstanding that they were not going to indict her. now new evidence has arisen that would indicate that the investigation should continue. he told the american people through the congress, through their elected representatives -- >> mm-hmm. >> -- that he would tell the congress if he continued that. >> yep. >> and now he is doing just that. >> yep. >> so the fact of the matter is, i didn't hear the attorney

general objecting to the protocol -- in fact she said she was going to follow the recommendation >> mm-hmm. >> of mr. comey. >> yep. >> back in july. and now i understand she's been engaged in attempting to pressure him not to disclose to the congress the american people what he said he would do back then when she was perfectly fine with it. >> yeah. okay. >> and a lot of other people who are now complaining about the director were applauding how he handled this back then. >> yes. >> so the director is trying to do his job. it's a difficult job. >> yes. >> he's been criticized by virtually everybody on every side of this issue. >> uh-huh. >> at one point or another. and now he is doing, i think the correct thing in letting the people know that when mrs. clinton says that she's been cleared, not quite. >> uh-huh. >> because there is still a substantial amount of information, and obviously in looking at this through the other investigation -- >> yeah -- >> into mr. weiner information was examined that caused them to say hold up we can't go any

further on this because there's information related to other investigations. >> right. >> that's why they sought a warrant. that's why they sought mrs. abedin's cooperation. >> yeah. >> and that's why this is 3r0eding today. >> it is interesting to see how the tables have turned congressman. thank you very much. for being on "new day." great to get your perspective. chris? >> all right. so, clinton sees it differently. obviously she's blasting donald trump about making up lies, blaming him for perverting what is known and she's blaming comey the fbi director for getting out ahead of his skis. let's discuss with democratic congressman jerry nadler a clinton supporter. the fundamental case of mr. goodlatte is you did this clinton, you started this server thing, so you can't say now you don't like the fbi looking at it, and it's fair speculation until we're told otherwise. >> well, the fact is that the fbi is a peace agency. it's part of the department of justice. they're purview is to see if a crime was committed.

they ruled, and they don't -- they don't comment on ongoing investigations. when someone is indicted, they announce the indictment. and perhaps the evidence. in some cases, of public interest where someone's name has been dragged through the mud they decide it's fair to announce we're not going to indict. and why. and that's fair, also. here, what happened was back in july, director comey did two things. one was right. one was terrible. first thing he did was he announced that having investigated all the allegations of the evidence, they decided that they're not indicting secretary clinton -- >> why was that right? >> that no prosecutor -- >> right. >> would do so. why was it right? because her name had been dragged through the mud. it was being alleged by all kinds of people that she'd committed a crime. it makes -- they had investigated that. it makes sense, it's fair. as i said before, to announce that we've done this investigation, she hasn't done anything so far as we know. >> right. >> warranting indictment. >> what was terrible? >> what was terrible was that he

then proceeded to give his personal opinion on her conduct that was not criminal. he said she did this, this was reckless, this was reckless. >> he said that he found proof the investigation found proof that there may have been violations of some of the existing law, and that the evidence showed that she had been extremely careless in handling information. opinion based on proof. >> it's an opinion that had no business being stated. he's a policeman. he's not supposed to comment on the conduct of anybody other than someone who is being indicted. so that was the first thing. now, this, he may have felt, and i understand, he was in a hard place, this thing comes to light, that is -- not to light, but to the fbi, that anthony weiner's computer had a lot of e-mails from huma on it. which may or may not have anything to do with the server, with -- with anything. >> but the metadata showed they may have gone through the server -- >> some may have gone through the server in which case they probably, though not definitely, had already been seen by the fbi. but we don't know anything,

basically. we don't know anything basically. certainly it makes sense for them to take a look at this. but to announce without having taken a look at this, when it may have nothing to do with anything, to announce in the middle of an election campaign that there -- that they're looking at this is a gross violation. >> facts -- >> it violates two things. it violates number one the fbi does not comment on ongoing investigations. >> except that he did. right? >> well -- >> they don't unless they do and comey changed the rule. >> well, you can't change the rule. >> but he did. >> i ask comey at the hearing in september, early september, what about the trump urging the russians in effect to hack the dnc, or to release e-mails. >> right. >> and the fact that they have, in fact, hacked the dnc and are releasing all these e-mails, and 17 intelligence agencies say it's the russians doing it and interfering in our elections. are you investigating that? what's the story. he said properly, we don't comment on ongoing investigations. so he won't comment on that. properly. but here he feels free to

comment. and number one, number two, the other guidelines, invariable guidelines for the justice department is if you don't comment on anything that may affect an election within 60 days. the guidelines of the justice department say even if you're going to indict somebody, who happens to be a candidate, someone who is running for state senator and you're going to indict them for corruption you don't announce that until after the election. >> he felt a different responsibility based on what happened here prior. >> but that was wrong. >> all right, fine -- >> he felt that he had to tell congress if there's information why we have to reopen -- >> right. >> there is no information. >> but -- >> there may be information. once they've read the e-mails, then you may have information. >> you can criticize the decision. i'm not checking you on that. what i'm saying is in politics perception is reality. >> and that's the problem. >> he has said what he has said. they're going to run with their version of the unknown which is every bit their political right -- >> which is why the fbi and the justice department have those guidelines that you don't do anything within 60 days of an election. >> but he did it. he did it because he felt that

this was different -- >> he did it because he was protecting against subsequent criticism. >> maybe so. here's your challenge now. one, you have to convince voters that it's okay to vote for hillary clinton. because, it is almost guaranteed that they may call for a special prosecutor. but they are most certainly going to do everything they can to go after hillary clinton if she becomes president-elect of the united states. how does she make a compelling case that she can lead this country when you know for better or worse they're going to do everything they can to stay on this as long as they can? >> well, you cannot let the actions of people who want to bring the government to a halt and concentrate only on politics and only on obstruction affect %-p republicans from the day that obama took office. obstruct, even if you agree with him, oppose what he's proposing. yes, they're going to try to investigate. it's a very good reason to have a democratic house and senate so we can get on with the

government, with the -- with the business of the people, instead of wasting our time on all kinds of investigations that will ultimately go nowhere. you look at the entire clinton presidency. bill clinton presidency. whitewater, travelgate, thisgate, thatgate, nothing went anywhere until he got to the monica lewinsky thing that didn't even exist at the time of the special prosecutor being appointed. they just kept persecuting him on thing after thing after thing because they never accepted his legitimacy and just wanted to und mine anything he tried to do. and unfortunately it worked to a large extent. first of all you cannot reward the saboteurs. they want to sab tuj democratic government by tying it up in investigations. hopefully we'll have a democratic congress and it won't be a problem. even if you have a republican congress and it is a problem you cannot reward them from that. >> we heard from goodlatte, heard from jerry nadler. thank you for being with us. >> all right with mounting frustration, surrounding the clinton and trump campaigns, the libertarian ticket remains an option for voters. what do they say about all of

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as the battle between clinton and trump intensifies in this final week of the campaign the libertarian tick e9 wants to remind voters that they are a third option. vice presidential nominee william weld was the former governor of massachusetts, and a former u.s. assistant attorney general and he joins us now. good morning, governor. >> thank you, alisyn. good to be here. >> what do you think of fbi director james comey's decision to send this letter to congress before he knew what is on anthony weiner's laptop? >> well, it's getting worse and worse. friday was the letter. yesterday law enforcement officials said we got a warrant to look at the e-mails that we told you we'd found. we don't know what's in them but we got a warrant. so what's tomorrow? we got a warrant for a wiretap? we got a warrant -- we got a subpoena from the grand jury? you know, those would be serious criminal offenses to say something like this. so they're totally off the reservation. and they're, let's be honest, they're playing hit and run. there's no way --

>> what does that mean? >> it means that there's no way for mrs. clinton to know what the evidence surery basis is on which they made this update to their investigation and they've said themselves they don't know it. so that makes it all the more unreasonable to have waded into these waters in the first place. >> why did he do it? >> i think he just was concerned about criticism from congress if it later turned out that three months from now one of those e-mails turned out to be relevant to his prior investigation. but, i think director comey did the right thing in july, in concluding that no reasonable prosecutor would bring charges. and i think that today most people would -- senior and former justice department officials, would agree that no reasonable prosecutor would do what mr. comey has done here. >> do you think that director comey has broken the law in getting out ahead of this? >> no, i don't know that i would say that. but i do think if he continues, and if there's a press conference, or an update, or a leak every single day, somebody's got to step in. either, you know, attorney

general lynch has to do what she doesn't want to do, which is order him to stand down. it's just -- it's a real mess. and it's a mess of his making. >> so he did not have to, just to be clear, he -- he promised congress that he would update them if there were any new developments but speaking as your legal mind and with your former -- he did not have to update congress? >> this is not a new development. this is not the sort of thing that would require an update. >> we don't know if it's a new development, he's found in -- >> you don't know. keep your mouth shut. >> we don't know what's on them. >> if you don't know. keep your mouth shut. don't speculate. you know, he's -- he's forwarding a goes amer thread saying this might be something, we don't know. probably we definitely don't think so now because we haven't seen the e-mails. now he announces, or someone announced, we got permission to look at the e-mails. they're not even announcing we've looked at the e-mails. what's it going to be tomorrow? we looked at an e-mail. there was nothing there but tomorrow we're going to look at another e-mail. >> how do you think this affects the race? >> i think it's disgraceful.

ten days to go. i think it's disgraceful. >> do you think that it will help donald trump win the election? >> well, you know, i hope not. mr. trump braying about this latest development reminds me of the guy in monty python who says she's a witch, burn her burn her, has no more content than that. and the point of that skit in monty python was that those towns people were ignorant and stupid. not that they were great. >> you have begun speaking out more. and more against donald trump, and -- >> i do not have my candidate hat on here. i have on my former justice department hat. honest. and i'm outraged by what's going on here because it's such a violation of justice department policies, procedures, whatever. >> i know. but i thought that you veered then into your candidate hat where you were talking about donald trump. because -- >> oh, yeah, okay. you said the "t" word. that reminded me. >> that's right. i mean, you have begun, i think, being a much more vocal critic of donald trump.

you're not -- >> oh, sure. >> -- sit on the sidelines let me read to you the statement one of a little portion of a statement that you just put out about donald trump. you said a serious candidate for the presidency of the united states must be stable, donald trump is not stable. he has not exhibited the self-control, the discipline or the emotional depth necessary to function credibly as a president of the united states. do you worry that by being in the race with gary johnson, that you are taking votes away from hillary clinton, and thereby helping to elect donald trump? >> well, actually, my appeal is to moderate republican voters and essentially in that statement i said how can republican who believes in decency and elementary standards of civility in a president of the united states vote for donald trump? because that's not donald. and i don't think he can take the criticism that goes with being president of the united states. you've seen what happens in the debates when he gets criticized. he turns red in the face, he waves his hands, he stands on one leg and holds his breath until he gets his way. he behaves as a 6-year-old would. and we cannot have that in a

president of the united states. and i wouldn't make that point if i didn't think it translated into policy. i mean we've got serious issues out there like nuclear proliferation. not having a closed economy. not totally withdrawing from the world. not picking a fight with every foreign nation. that's the way i think a trump presidency would go. and it all traces back to his lack of stability. >> you don't worry by you guys being in the race that you may inadvertently hand the race to donald trump. >> no my two -- i still think our polling shows that we're pulling more from trump than from mrs. clinton and my appeal is to republican voters think twice before you vote for trump. and my other argument is, you know, in a way libertarians can be a protest vote because we certainly stand for the opposite of whatever the status quo is in washington, d.c. and i think that's part of mr. trump's appeal. and so to the extent that we can make the point that we have that aspect, the protest against washington, and we're two, two-term republican governors, maybe we look getter than trump. that's my hope in any event.

>> thank you. great to talk to you. >> one reason that team trump loves all this fbi intrigue is that it's distracting from their own woes. "washington post" reporter called hundreds of charities literally over 400 calls, and learned something about trump that you should know. next.

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what's in your wallet? time for cnn money now, christine romans is here. >> good morning. general electric making a big bet on oil you guys. ge announcing a multibillion dollar bead with baker hughes. both stocks set to pop this morning 3wi8ding on gains since reports of a deal surfaced last week. two presidential prediction models, two very different outcomes you guys. the first, if the s&p 500 drops from august to october, the incumbent party loses the white house. it's accurate 86% of the time. that model suggests a donald trump victory. but another model shows hillary clinton will win, this one is picked every president since 1980 it cites a high

presidential approval rating, cheap gas, a growing economy and a low jobless rate. so two different prediction models, only time will tell. chris? >> only time will tell with the finger thing there. very nice christine. happy halloween. all right, so, nobody gives more. nobody loves the troops more than donald trump. that's what he says. but does the giving meet the talk? joining us now is david farnholt a political reporter with "the washington post," and he made over 400 calls seeking a question and answer to this question what did you find? >> well, we found that although trump has given some money over his lifetime more than $7 million going back to the '80s to charity out of his own pocket he's often, as you said, made a lot of effort to make himself seem a lot more charitable than he is. he tries to inflate his own charity by promising donations he never gives, and even in some cases by showing up at charity

events where he gave no money and sort of standing there at the front of the room and taking the credit he doesn't deserve. >> now i read about that obviously in your piece and it's getting a lot of pickup that he showed up at a charity dinner that nobody expected him to be at, he sat on the podium, took another benefactor's seat, and never gave them any money. but if i am the voter and i don't like trump, or i am the voter and i love trump no matter what, what is in this piece that might change my mind either way? >> well, obviously i didn't write it opening to change people's minds. it's hard to write journalism with that in mind. the thing about this is we now have looked at trump's giving long enough to know something about his character, right? this is a rare time in trump's life, he holds so much information close to the vest, you can actually judge him by whether he follows through on this very important moral part of his character which is charity. by calling more than 420 charities and finding that basically there was almost no evidence, no evidence at all of gifts out of his own pocket for six recent years between 2010

and 2015, you can, if you want to know something about whether trump follows up on his promises and whether donald trump feels a moral responsibility to help others, i think there's some important information in there for you. >> i also feel that from a journalistic perspective, the idea of transparency seems to just scream out of your reporting that he just doesn't put the information out. that's why you had to make all these phone calls, and he doesn't want to talk about these things. what did you find in terms of transparency? >> oh, basically none from him. he has not released his tax returns, as you know. that would have made his personal giving very clear. his campaign, i sent them, you know, 70-plus questions in the course of reporting this story, asking them everything about specific details, you know, can you -- do you believe this incident happened where he crashed the charity event and didn't give any money. everything from what does he consider the biggest charitable cause of his life? what money has he given in the last ten years. i sent them and i got no response. none at all until after the story ran. then after the story ran all i got was a claim oh, he's given

tense of millions dollars out of his own profit, but when i ask for proof or details or anything beyond that assertion i got nothing. >> hmm. david, thank you very much for sharing your reporting with us as always. you can read it in "the washington post." thank you. >> thank you. >> alisyn? >> well, clinton and trump of course will be on the campaign trail today. how about will they handle the fbi's e-mail probe now of huma abedin? let's discuss it with cnn executive politics editor mark preston. he is the bottom line. hi, mark. >> good morning. >> so how is this going to play out on the campaign trail today? >> well, we're going to hear the clinton campaign and all the surrogates go out and demand that director comey give more details although i think they'll fall on deaf ears as i think as we know from our reporting that comey probably will not discuss this anymore. at the same time we've heard jason miller, you know, one of the top spokesmen for donald trump on this show just last hour say that they want answers, as well. but hillary clinton needs to give some answers, so expect donald trump, who will be speaking at noon, to address

this, as well. as well as his surrogates that are out there trying to hammer home the fact that they're going to say that hillary clinton is not honest and trustworthy, which is an achilles heel for her. >> there's nothing tastier than the unknown when it comes to an investigation. this is very helpful to trump. this is not a day to confuse my name with comey's name by the way, preston. i do not need any more heat on me than i currently have. in terms of what this means going forward i tried it with jerry nadler let me try it from the analyst's perspective, clinton, if she wins, is president-elect. she's now looking at a congress who has the best opportunity they could have prayed for with what comey just said to start their own sets of hearings and ask for a special prosecutor stating political compromise and pro-tension conflict. how real do you think that is? >> oh, i mean it's more real than you could imagine at this point. listen we've already had jason chaffetz who is one of the top chairman in the house who investigated benghazi with hillary clinton come out and say if she's elected this is prior to these e-mails being discovered and announced on

friday that he had two years worth of investigations of hillary clinton. hillary clinton is elected, expect house republicans, if they maintain the majority, to go right after hillary clinton and try to investigate every little thing about her and every little thing about her administration, which in many ways that is their role, as they have oversight of the administration, but at the same time, we're talking about a dysfunctional washington that will even become more dysfunctional, and you know, the wheels of progress will certainly come to a grinding halt. >> good times. where are the candidates going to be, shows us the map today? >> a couple things. we'll see donald trump who will be up in michigan. today he'll be holding a couple events up there. and hillary clinton is going to ohio. now what's interesting about this week in general is hillary clinton is hitting six of the eight battleground states over the next week while donald trump is going to michigan and we know he's going to wisconsin tomorrow. what's puzzling about that is that these are two states that hillary clinton has a pretty good lead on donald trump.

so donald trump still has a very narrow path to win the 270 electoral votes he needs. you have to wonder why is he going to wisconsin and michigan and not focusing on the eight battleground states that he really needs to win. >> hmm. so, hillary clinton is trying to counter the fbi scrutiny with making a larger point about donald trump in a new ad. here it is. >> i'm hillary clinton and i approve this message. >> this was me in 1964. the fear of nuclear war that we had as children i never thought our children would ever have to deal with that again. and to see that coming forward in this election is really scary. >> trump asked three times -- >> three times why can't we use nuclear weapons? >> i want to be unpredictable. >> what safe if guards 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. >> bomb the [ bleep ] out of them. >> the daisy ad hearkens back to

1964. we had the guy on who designed the ad here with us. using his own buddy joe scarborough to make the point that donald trump can't be trusted to make these big decisions. effectiveness? >> it could be very effective and for all the millennials out there are wondering what the daisy ad is, it is an ad that ran once during the '64 election but has been held up as the hallmark of the scare ad of all time. basically what the clinton people are trying to do is to say listen, there was concern in 1964 during the cold war, of nuclear war, guess what if donald trump is elected we should have that concern again. and ironically, they're using the same actress, the one who was in that ad back in 1964, to narrate this one here in 2016. >> i know it was interesting to see her, as an adult there, in that ad. so, so mark i mean are you just waiting with bated breath for the new polls to come caught that show whether or not director comey's letter to

congress has had some significant effect on how people are feeling about clinton and trump? >> no, allison you mean director como who is sitting right now to you. >> the comey -- >> no yes. here's the deal. no matter what happens the path to 270 is still very difficult for donald trump. this was good news for him. but we will start to see polls in the next 24 hours, 36 hours, to see if this has any real effect. specifically in these battleground states. let's focus in on two of them, florida and pennsylvania and we'll see what happens. >> you know what we're not going to see my prediction. my halloween treat. >> go ahead. >> no trump on tv. he is going to stay dark. >> today? >> he's going to stay dark. you're not going to -- like we're not going to get a call and say hey he wants to do television tomorrow morning. they don't want him to step on what they see as a great opportunity. that's my guess. what do you say? >> i totally agree with you. except we will see him get some rallies. the only caveat to that is if sean hannity, his friend, asks him on we could -- >> that's different.

that's different. >> right. i agree. >> mark, thank you very much. have a safe and happy halloween mark and everyone out there. we'll see you tomorrow. time now for "newsroom" with carol costello. and good morning i'm carol costello. with just eight days until the election a new headache for hillary clinton over an old issue, e-mails. only this time it's her longtime aide huma abedin who is under scrutiny. the fbi is under scrutiny, too. some democrats are calling for director james comey to release everything he knows about those e-mails. deadline for that, today. others are calling for comey to resign. former attorney general eric holder piling on writing in "the washington post" this morning quote, i respect him comey but good men make mistakes. in this instance he has committed a serious error with pote