a lot of you may be asking what this new e-mail story is about. >> thank you, huma. thank you, anthony weiner. >> there is no case. >> tease are not the hallmarks of a responsible investigation. >> i have to give the fbi credit. it took a lot of guts. >> one u.s. senator's shocking comments caught on tape. >> this is one of those make or break moments. >> to all americans, i say it is time for real leadership. >> it truly is in your hands. >> this is "new day" with chris cuomo and alisyn camerota. >> good morning. welcome to your new day. a blatant double standard. that's what clinton calls the

fbi's surprise announcement of that probe into huma abedin's e-mails. clinton says, quote, there's no case here. >> need more controversy? how about this. donald trump's campaign is facing new questions this morning about whether he cheated to avoid paying tens of millions of dollars in federal taxes over nearly two decades. also, there are multiple and uncorroborated reports about his campaign's potential links to russia. this all matters more because of where we are, seven days out from the election. we've got it all covered for you. let's begin with cnn justice correspondent evan perez live in washington. evan? >> reporter: good morning, chris. the big question today remains, will the fbi be able to provide more information about what its investigation into huma abedin's recent he discovered e-mails are showing. fbi director james comey has told officials at this point he has no plan to provide partial update, and it's unlikely that his investigators can complete their work by election day. a team of investigators has

begun the work of digging through these thousands of e-mails, which were found on the computer belonging to abedin's husband, former congressman anthony weiner. abedin's attorney says she has no idea how her e-mails were on the computer at this point. the fbi investigators are still trying to figure that out. that's what the fbi computer forensics experts are trying to do. comey's been under attack, including from all three most recent attorneys general under the bush and obama administrations. all three find fault with comey's handling of the clinton investigation and particularly for the publicly commenting on the latest e-mail discovery just days before the election. comey's current boss, attorney general loretta lynch, checked in on comey yesterday to see how he was doing. lynch was opposed to comey sending his letter to congress on friday, but we're told the conversations yesterday were a friendly chat between two officials under great scrutiny over this clinton investigation. alisyn? >> evan, thanks so much for all of your reporting. the clinton campaign is going after the fbi chief for what

they call, quote, a blatant double standard. a new report has donald trump's taxes back in the headlines. phil mattingly has it all live from chappaqua, new york. >> reporter: good morning. there's no question on friday when all of this news broke, the clinton campaign was rattled. they were shocked. they had no idea this was coming. by the end of the weekend and into monday, it became very clear their strategy to escalate their attacks on the fbi and the fbi director, and alisyn, doesn't look like that's going to slow down any time soon. >> there is no case here. >> reporter: hillary clinton and her campaign firing back at fbi director james comey. slamming his decision to notify congress of a new investigation into thousands of e-mails found on a computer belonging to the estranged husband of a top clinton aide, huma abedin. clinton's campaign turning the tables on comey. >> it's impossible to view this

as anything less than a blatant double standard. >> reporter: seizing on reports that comey refused to publicly comment on potential ties between donald trump's campaign and russia. on sunday, senate minority leader harry reid accused comey of sitting on explosive information, trump's russia connections, without offering proof. cnn cannot corroborate any of these reports. u.s. officials do tell cnn that russia is behind hacks that could potentially influence the u.s. election. meanwhile, trump is capitalizing on comey's new e-mail probe. >> it took guts for director comey to make the move that he made in light of the kind of opposition he had. >> reporter: comey has only said the e-mails found on disgraced congressman anthony weiner's computer, quote, appear to be pertinent to the now-closed clinton private server investigation. >> we can be sure that what is in those e-mails is absolutely

devastating. i think we're going to find out, by the way. for the first time. thank you, huma. thank you, anthony weiner. >> reporter: abedin's attorney responding, saying in a statement, quote, from the beginning ms. abedin has complied fully and voluntarily with state department and law enforcement requests and reiterated abedin only learned of the e-mails on weiner's computer friday from the press. clinton continuing to apologize for her private e-mail server but issuing a challenge to investigators. >> i'm not making excuses. i've said it was a mistake and i regret it. by all means, they should look at them. and i'm sure they will reach the same conclusion they did when they looked at my e-mails for the last year. >> reporter: all of this as "the new york times" obtains documents that they say show trump potentially escaped tens of millions of dollars in federal personal income taxes in the 1990s by using a tax

avoidance maneuver later outlawed by congress. trump's campaign responding to the report in a statement saying, quote, any tax experts that you have consulted are engaged in pure speculation. there is no news here. and guys, if you want to get a sense of where the race is just one week out from election day, you can just kind of look at the map, get a sense of where hillary clinton is, where donald trump is, where their top surrogates are. that's how you know how things are actually going. take a look. donald trump, he will be in wisconsin and pennsylvania today. very big speech with running mate mike pence in pennsylvania about obamacare. hillary clinton, she will be in florida, hopping on the plane with her in a couple hours. president obama, he's going to ohio. vice president joe biden, he's in north carolina. so what does that all mean? where hillary clinton and her top surrogates are going, those are true backgroundttlegrounds. where donald trump is heading, those are places where hillary clinton is favored. he needs upsets if he wants to

win this race. that's what the map is showing right now. the trump campaign says they're on offense. they think they've got places to move right now. clinton campaign says that's just pure desperation. guys? >> and both takes are because of what we just heard from the fbi director. phil mattingly, thank you very much. no question his decision changed the state of play. let's discuss. political reporter for "the washington post," phillip bump. cnn political analyst and washington bureau chief for the daily beast, jackie kucinich. and cnn political analyst david gregory. mr. bump, you have jim comey, who goes from making a call that it isn't a close call to making a call that keeps this election close. does he deserve the criticism of the political overtones and the timing? >> it seems pretty clear that, you know, people who know this far better than i do are criticizing the timing of this, saying it is a step outside of what normal procedure is. i think it seems pretty clear he

deserves criticism for that. the race, however, seemed to have been tightening even before comey. we haven't seen poll results yet which suggest the comey revelation on friday really affected things last week. i'm not sure i really buy it. >> he literally thanked huma abedin and anthony weiner. on the list of i've never heards. i've never heard a candidate for president thank people who brought controversy, even without basis, into the campaign instead of making a case for themselves, ever. >> in theory, down ballot should be thanking them. i think that's where we might see some of the movement. down ballot candidates can now -- like someone running for senate or house, can now talk about hillary clinton instead of having to defend donald trump and whatever bombastic thing he said that day. at least for this particular

news cycle. while people are going to the polls early, they're casting their votes, and these republican candidates aren't talking about donald trump. that's good. >> i mean, look, david. at first it sounded like a bombshell. oh, my gosh, maybe thousands of e-mails previously undisclosed, found on this laptop. until you dig in and figure out that at least james comey doesn't know anything about them. maybe they're duplicates. maybe they're not relevant or pertinent, as he said. so now that the dust has settled and people got more word that we really have no idea what these e-mails are and they may be nothing, what do you think the effect is on the election? >> well, we simply don't know, other than the obvious, which is there's a lot more focus on this than donald trump. if there's a guiding light in this campaign, it is that a majority of americans, upwards of 60%, believe that donald trump is neither qualified nor has the temperament to be president. that's a very important attack area for hillary clinton.

and she's trying to revive it on the campaign trail yesterday as she's talking about donald trump. so this takes some of that attention away. we were a week ago talking about how this was a campaign that was only about donald trump. now it's a reminder of what people don't like about hillary clinton. that's a problem. i do think there's a high degree of confidence if you hear secretary clinton on the trail that these are duplicate e-mails or there's certainly not anything untoward about them that haven't already been investigated, which is what's so disruptive about putting all of this into the record now. >> well, normally careful with her words where it concerns her own exposure, for her to say there's no case, it is unusual. so let's play to the other side of the ball. people who are worried about trump's qualifications, temperament, whatever word you want to put on it, they have new food for thought also. comey didn't want to talk about this suggested investigation into trump and russia they have because it's too close to election, but he will talk about e-mails he hasn't read yet.

the reporters now putting out different versions of what they say is the truth about trump. that some spy came out to "mother jones" magazine and said he had been asked to do research and found the invention of some kind of server that trump has. trump's campaign says this is, you know, junk, that it doesn't exist. but all these headlines on your screen right now are coming out about ties between trump and russia. does any of it stick? we have to say, a lot of that stuff is uncorroborated and probably not a coincidence, although the writers will say, no, we were working on this. >> i think the reporting, which actually cites what the fbi is saying about any possible links between trump and russia, you saw the cnbc headline. i think that's something worth digging into. there was a "new york times" report out last night that suggested the fbi didn't find any real links. i think there's a lot of speculative stuff out there. i think at the end of the day, the question for donald trump, as david gregory just said, has

always been, do people see him as presidential. more than half in her single abc/"washington post" poll, people have said donald trump is not qualified to be president. i'm not sure it actually does anything to help or hurt donald trump individually. >> if you look at the piece in "slate" about a potential connection, there's a strong story between trump servers and russia. but we don't know where all of this goes as a matter of investigation. but this kind of makes the point that the clinton campaign is trying to make, which is wait a minute, this is a lot of range of speculation, including from donald trump, suggesting that these e-mails they're looking at of hillary clinton, you know, are part of the cache of e-mails that were deleted. there's no evidence that's the case at all. that is not, in fact, the case. he's just putting that out there willy nilly. and you have the fbi saying

they're investigating this, not talking about the russia piece. the political dimension of all this, because we're in a zone of unknown, is firing up the democratic base. it may have been a little soft on hillary clinton. now making the argument, look, you got to get out there and do this. this is a case of clinton's enemies overreaching. that's the argument here. i think that's what they want to make down the stretch. >> i was going to make the point that senator harry reid sent this fiery letter to james comey saying, come on, come out with it, reveal what we know because we've been briefed. you are investigating about the ties between trump and russia. >> and manafort also. he was the campaign manager. there's speculation on the other side that the reason they got rid of manafort wasn't how he was managing the campaign but what they eventually realized, his liability was in terms of his connections. >> but instead, let's get to something that donald trump has not denied. that is that he has not paid taxes for -- >> celebrated it. >> he hasn't paid for a couple of decades. now there's this new "new york times" report that says he used

a very sketchy, they say, dubious loophole that, in fact, his tax advisers advised him not to use because it would come to the attention of the irs. but basically, that he avoided paying federal personal income taxes for years. jackie, what is interesting about this is remember when republicans saw that as a huge, you know, stain, as huge liability. remember how mitt romney said 47% of the country isn't paying taxes and that was seen as such a criticism. now it's okay that donald trump doesn't pay personal income taxes? >> what's not okay is we haven't seen donald trump's taxes and he hasn't released them, breaking with years and years of precedent. but no, this is very basic. this is fairness. and this is donald trump did not pay taxes. he's this rich guy, and he used a up of these loopholes because he can do it to get out of paying taxes.

i think that -- the intrigue with russia is really interesting, and if it's true, it could be very, very important, but this is very easy to understand and very straight forward. i think that might have more implications than perhaps the russian speculation at this point in the race. >> all right. we have to go, but just to make things clear, trump's lawyers never told him not to do what he was doing. in a legal letter, which big shots always get from tax attorneys, they said there was so little legal basis for it that he may be exposing himself to problems with the government. not, not to do it. >> but didn't they advise him not to do it? >> no, he did it, but he asked them for a legal opinion. they said due to the lack of definitive judicial or administrative authority, substantial uncertainties exist with respect to many of the tax consequences of the plan. >> i understand that legal word salad perfectly. panel, thank you very much. election day is one week away. so be sure to join us next

tuesday for election day in america. we'll have every race and every result covered. stay with cnn until the last vote is cast. all right. so we have a republican senator in north carolina who is apologizing for a stunning quip about gun owners targeting hillary clinton. wait until you hear what he said, and you can say if it's a quip or not. who says i shouldn't have a soda everyday?

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north carolina senator richard burr apologizing after cnn obtained audio of him making a terrible joke about gun owners shooting hillary clinton. cnn's senior political reporter manu raju joins us with more. >> reporter: good morning, chris. that incumbent gop senator, who also chairs the senate intelligence committee s surprisingly in one of the toughest races in the country with polls in north carolina showing him tied with a little-known democrat deborah ross, in a race that could determine the next senate majority. i've obtained this audio of a private meeting burr had with volunteers when the subject of clinton and guns came up.

>> i walked into a gun shop i think yesterday in oxford. there was a copy of a rifle magazine on the counter. it's got a picture of hillary clinton on the front of it. i was a little bit shocked at that. didn't have a bullseye on it. >> reporter: now, that resembles what donald trump said in august, that second amendment people should take matters in their own hands when it comes to clinton. but unlike trump, burr apologized when i asked his campaign for comment, saying the comment was, quote, inappropriate and i apologize. now, at that same meeting, burr also said that i'm going to do everything i can to ensure clinton cannot fill that final supreme court seat, wanted to keep it vacant for four years. he praised donald trump at that meeting, saying, quote, donald

trump aligns perfectly with where the gop is today. >> manu, thanks so much for all of that. so could senator burr's have any impact on his race and the senate majority? he is fighting a tough re-election bid in the battle background state of north carolina. david, do you think there are any repuercussions? >> well, there very well could be. senator burr is responsible for the comments he made. really over the line, inappropriate. this casual talk about violence against hillary clinton, which he has made, and you're right, donald trump has made on numerous occasions. there were supporters of trump in new hampshire, a state senator that talks about hillary clinton should be shot for treason. i don't know where these people think this is appropriate public discourse to talk about

assassinating hillary clinton. and are they not nimble enough of mind to come up with a different analogy when speaking about the gun debate? there ought to be repercussions, and people will make a judgment about this. when you say away from cameras and when you think nobody is listening is instructive about your overall approach as a senator, you know, in the united states. and by the way, separate from that but also disturbing is to make a promise to completely obstruct our democratic process of having the president fill a supreme court vacancy, which is why we have elections in this country, so that presidents can choose to fill those vacancies in the way they see fit. so i don't think he's showering himself in glory here in a tight race. >> and that's no throwaway comment. we know ted cruz is going to try and make that manifest in a very real way. we thought we've seen obstruction so far. we probably haven't seen anything yet if hillary clinton becomes president. but let's talk about why this

matters. it's a throwaway comment. he's talking to volunteers. he didn't know it was going to get this broad an audience. all true. but the reason it's not a quip is because a quip is something that's clever and witty and funny. this is none of those things. but it is effective. you get a feel for what's going to work and what isn't. you don't say, i'm surprised you didn't have a target on her, if he was talking about something he felt would offend, that could hurt him. wat does that tell you about what the feelings are about what works with that base? >> yeah, i mean, this is a gop rally. this is a get out the vote rally. he's trying to get them invigorated to talk to voters and get them turned out. it's incredibly stupid to say. it's a dumb joke. >> got a good laugh in the room. >> sure, right. there is -- to an extent, this is a microcosm of what you see with donald trump. feeding off the audience, saying whatever you want. donald trump does that all the time. >> but with that audience. i've been to g.o.t. rallies.

i never heard anybody say maybe we shoot that opponent. >> exactly. but you think that paired with the supreme court thing shows how politics has changed. the fact you're talking about supreme court obstructionism and as though it's appropriate to make a joke along that line. >> jackie, let's talk about sexism. there are lots of people, women primari primarily, who think the criticisms against hillary clinton just smack of sexism through and through, that they wouldn't be the same criticisms used if she were a man running. so last night, samantha bee on her comedy show brought this up with her guest, president obama. listen to this. >> if and when hillary is president, what do you think will be the female equivalent of you weren't born in this country? >> that's an interesting question. >> thank you. i have a lot of those. >> i think the equivalent will be she's tired, she's moody,

she's being emotional. >> there's just something about her. >> there's something about her. when men are ambitious, it's just taken for granted. well, of course they should be ambitious. when women are ambitious, why? that theme, i think, will continue throughout her presidency, and it's contributed to this notion that somehow she is hiding something. >> what a nasty woman. >> the first spin of this interview that i read this morning was obama says clinton's ambition a problem as president. >> obama says clinton's a nasty woman. >> although, i will say, the nasty woman, the hillary clinton campaign has taken that and owned it. you see it on shirts everywhere around the country. >> they've turned it into the janet jackson version. >> trump had a moment of emotional honesty up there. that's what came out of him. when he hears a woman kicking

his butt on television, that's what comes out of him. boy, she's nasty. because that's not what he expects. >> right. i think it depends on what issue you're talking about. if you're talking about she's emotional and some of the things that were just brought up in that interview, absolutely. that is looking at it through a lens of sexism. but i've also -- but on the same token, i've heard her criticism of the e-mail server and some of the things that happened at the state department as being sexist, which just isn't the case. >> panel, thank you. great to talk to you all. up next, the future of the supreme court. if hillary clinton wins the presidency, will republicans try to keep the court at just eight justices? we discus how that would be possible next. tv: oh, it's gonna get crazy! this is black friday that is insane. i would never do that. at chevy, you can avoid the chaos and get great deals on the most awarded lineup. i like that. bam! it's awesome! you don't have to camp out at the chevy dealer two days in advance. i love it. (laughs) wow. and you don't have to wait until black friday.

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comey says it's not even a close call, there's no case. the republicans, boo. now comey says i'm going to make a call that's going to keep it a close case. they love him. of course, democrats have the exact opposite spot of reaction. what does that do for comey?

puts him in a tough place with just seven days before this electi election. but people don't really care about him. let's discuss the impact on the election with jeffrey toobin and cnn contributor and senior editor at "the atlantic," mr. david frum. jeffrey, on the legal side, the criticism is that the fbi doesn't usually talk, and comey breached protocol twice and both times to ill effect. the second time now without any basis of fact to support the disclosure. how do you see it, fair criticism? >> well, i think the key issue is the timing. you know, even i, a lowly assistant u.s. attorney in the 1990s, knew that one of the things the justice department, including the fbi, never did was make an announcement that affected an election in the last two months. this is just a rule that's been in existence at the justice department for decades.

we can argue about whether comey should have made either of these statements, the elaborate explanation of the exoneration and the announcement of the new investigation. what's really troubling is the timing. doing it 11 days before the election when you didn't have to do it at all, i think that's why you've seen so much criticism of comey by republican as well as democratic veterans. >> so david, what do you think this does to the election? >> well, the great challenge democrats have is can they match the heroic turnout performance of 2012. that was an election where voting performance went down through most groups, but among certain key democratic constituencies, especially african-americans, there was a heroic turnout performance. higher in 2012 from 2008. higher among blacks than among whites. when you look more closely, you see a lot of that was because the turnout had been incredible in 2008. older people probably not in the best of health who had made that special effort to go to the

polls. will that happen again for the less inspiring hillary clinton candida candidacy? if there's news that makes democrats less enthusiastic, republican constituencies tend to vote. they're the people who pay their cable bills on the day it arrives. democrats, maybe yes, maybe no. >> how does this play to them in terms of is this something that makes them say, oh, i guess she has real trouble, or does it make them play the, wow, look, they're really out to get her. this guy hasn't even looked at the e-mails yet and he's coming out this close to an election when i've heard people like jeffrey say you're not supposed to do that. >> i think my own attitude towards sports. i generally know 48 hours before the super bowl who's in it. i may know the name of one of the quarterbacks. but that's it. and i can be easily influenced by stray bits of information. in the same way, late deciding voters do not follow politics

closely. it doesn't matter whether it's got content or not, it affects them. if it makes them less likely to turn out for hillary clinton, that's big news. meanwhile -- >> david, i'm a new york jets fan. just so you know, we're never in the super bowl. that may be able to help you. >> thank you. thank you for that. >> all right. jeffrey, let's talk about the supreme court. as you know, of course, the nomination of merrick garland has been held up by republicans, basically saying it's too close to an election. what happens after the election? let's say hillary clinton wins. is there a way for republicans to obstruct any nominee that she puts forward and to try to keep the court at eight justices? >> absolutely. the important thing to remember is that the confirmation process is a political process, not a legal process. and it is entirely up to the united states senate, which is of course a political body. there's a history of voting against supreme court nominees. remember, in the nixon

administration it took three nominees to fill the seat that ultimately went to harry blackman. ronald reagan had to nominate three people before anthony kennedy was confirmed. what's unprecedented if it happens is simply not voting. that has never been done as a mode of obstruction. you can vote down nominees. that's been done many times. i think that would be politically difficult, simply not to vote on any of hillary clinton's nominees, but voting no is certainly an appropriate function of what senators can do. >> david, can we say it, eight justices? >> we can't because you have got tied. >> well, you can. that's the ted cruz argument. i heard jeffrey toobin, who as we both know is a supreme court scholar, screaming in disgust when ted cruz made that statement. functionally, he jumped on one of the justices saying things

day to day are working the same way. he said, see, it's okay. but it isn't okay. >> it's an even number. here's the way you ought to hear that remark. these are tactics. these are bids being laid down in advance of the information about how strong will the respective positions be of the parties. if this turns out to be a close election and if the republicans hold most of their senate seats, they have a position to say, hey, we've got a mandate too. president clinton, if that's who it is, must negotiate with us. if on the other hand it's a hammering and republicans drop seats, ted cruz may say that for his own internal republican party purposes because remember, he compromised his brand as the purest of the pure. he now has to reassert his brand as the purest of the pure. and he also never thinks very much about what the other senators think of him. >> you're saying if it's not a close election that basically the supreme court nominees must move forward. >> well, it's going to be -- if it's not a close election,

republicans will be demoralized. they will be turning the wrath upon each other. and at that point, the new president will have a lot of power. >> david, jeffrey, thanks. great to have this conversation with you. so the battleground state of north carolina is considered a must win for donald trump. but at the moment, that state looks like an uphill battle. take a look at the latest nbc news/"wall street journal" poll. clinton leads trump by six points in the state. cnn's jessica schneider is in raleigh, where she spoke with voters. good morning, jessica. >> reporter: good morning, alisyn. you know, one voting bloc that is particularly stressed out here, evangelical christians. i spent sunday here at this church. the members tell me they have never been this conflicted about a presidential race. they say the issues to them are very clear, but the candidate who embodies their ideals, a lot less so.

inside north carolina evangelical churches, the mood joyous. >> in a season in our country -- >> reporter: leaders acknowle e acknowledging though, the faithful are struggling. >> i'm seeing stress like i've never seen before. >> reporter: most of his members are rallying for trump. >> oh, it wasn't easy at all. it was a very difficult decision because if i just look at donald trump as a man, there's no way that i would even consider voting for him. but i have to look at the much bigger picture. >> reporter: for marquis, it comes down to his own anti-abortion stance and the future of the supreme court. but with trump's three marriages and the release of that "access hollywood" tape, some are now asking, is the republican ticket the highest pick? white evangelicals propelled mitt romney to a victory in the state in 2012. they made up about a third of all voters. >> his lifestyle hasn't been one

that's representative of values i hold. i don't believe he's honest when he says he's pro-life. >> reporter: jesus morales is never trump. he and his wife plan to vote for the republican running as an independent. he's on the ballot in 11 states but not north carolina. they'll have to write him in as their vote. >> i can't vote for someone who has been so ignorant in his behavior towards women and towards handicapped people especially. >> and you are handicapped. >> yes, i'm legally blind. it's insulting to me he can make fun of the handicapped community and no one has called him out on it. >> i personally plan to vote reluctantly for trump. not that i in any way would want top endorse him as a person. >> reporter: so it's been a hard decision for you. >> oh, absolutely.

>> reporter: rachel miller is 22 years old, a millennial and a prime target for the not who we are pac, a super pac devoted to defeating trump, releasing this music video ad, featuring popular christian musician william matthews. >> donald trump is dangerous. >> reporter: radio host steve noble voted early for trump. it's a pick he struggled with. >> i got to do what i can to stop hillary. so i'm not endorsing donald trump. i'm not a big donald trump fan. i'm a pragmatist who's also a christian. >> reporter: steve noble cast his ballot for donald trump on friday. he tells me he didn't feel good about it, but nonetheess, he is advising his listeners to vote for donald trump, who he sees as the lesser of two evils. now, the latest cnn poll conducted october 20th through 23rd shows that white evangelicals are breaking for donald trump. 72% for donald trump, 21% for hillary clinton. chris? >> all right, jessica. thank you very much. so we're talking about november here, right. it's off to a warm start.

not just in the election, but literally by temperature. big parts of the u.s. in the grip of a record-breaking heat wave. meteorologist chad myers has the forecast. is the cause the intense toxicity of the election that is literally heating up the globe? >> you had it going, hot air. for the first time in a long time, the skeletons and the ghosts didn't have to wear parkas. that certainly ruins the effect of halloween. a nice halloween across the east coast. across the southeast, 32 record highs yesterday. we expect just the same number for today. temperatures in the 80s when we should be in the 60s. now, watch what you ask for because by the end of the weekend, we're back where we should be. even new york city down to a high of 50 on friday. but that will feel pretty good if you're going out, maybe picking some apples. i guess it's too late to pick pumpkins. but you can certainly get some hi hot cider. >> okay.

thank you very much for that, chad. meanwhile, the two biggest october surprises in this election both connected to sex accusations. we discuss that topic with our political panel next. ♪

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sexual assault and what's okay. now you have over 11 women who have come forward with allegations against trump. and then you have hillary clinton's latest e-mail trouble that now is perversely connected to anthony weiner's sexting investigation. let's discuss with cnn political analyst and "usa today" columnist kirsten powers and cnn political commentator and republican consultant margaret

hoover. yes, i am made a little uncomfortable by this conversation. i can't even stay in my center box. i want to start with something else that i hear a lot more of than the idea of this being about sex, which is this being about hillary clinton being a woman. i hear this from a lot of women, criticism that does not spark sexism in my mind. they're going after her for her personal qualities. samantha bee in her interview with president obama seem eed t be getting at this point. help me understand it from your perspective, kirsten. what do you think men may not pick up on about what's said about hillary clinton? >> well, to me the biggest evidence of sexism in this race is the double standard. by that, i mean if you had somebody like donald trump who really doesn't have any experience in government, he doesn't know, as far as i can tell, anything about public policy, and doesn't really want to the know anything about

public policy, has actually bragged about the fact he doesn't prepare for debates, he shows up at debates and walks around the stage, interrupts her, behaves in a way i think if a woman -- i just want you to imagine a woman doing that, chris. her being successful and somehow getting the nomination and then also maybe potentially being president of the united states. to me, it's unthinkable. >> is it still wrong -- i hear what you're saying. i got a couple beats on it. first one is, is it equally wrong that i wouldn't expect that out of a woman because i expect more out of them? you know, they don't act in a caveman way. is that equally offensive? >> it's fraternalistic. >> so it's equally offensive. >> why would you expect women to behave better? >> because i think they're smarter. i think they have a better ability to think through an apparent hostility, whereas men may think that if you frame up on another guy and show that

maybe you could take him behind the high school or whatever the heck vice president biden said, that that's okay. >> but chris, i think that's because women have had to learn how to deal with sexism. i don't think it's fair to expect them to have to constantly be reaching this bar where hillary clinton has to be so good at standing there with this guy who is attacking her and doing things that if a woman did we'd call her a psychopath basically. >> oh, people call trump that also. >> well, but half the country is -- at least 40 plus percent of the country. >> now you make a different point. there are people who say, well, conversely, on observely from what we just heard, if hillary clinton were running against any other republican who was worth their salt, she'd be getting crushed and that her being a woman is a huge advantage for the democrats because she is a first and that there's a scrutiny that she would not be able to survive if she was running against anybody but

trump. that he's a favor to her. >> there is a scrutiny on hillary clinton, certainly. there's a scrutiny on her because she's a first woman but also because she's been in public life for 25 years and there do continue to be scandals around her in the behavior and choices can she's made. but kirsten's right. and by the way, jr. responyour o her, that there should be this different standard for women -- >> i'm not saying there should be. i'm saying in my head, in my alpha male head, i don't see that as a plausible scenario because i wouldn't expect women to act like a bad man. that's just where my head is. >> there you go, america. welcome to the sexism that is implicit in this election. that illustrates it. what else can i say? you made the point yourself. by the way, the fact we're talking about sex scandals -- >> if you say you expect better

behavior from women, you're holding them up to a better standard than a guy like trump, and that's how bad. >> i think it >> we'll have equality when an average man and an average woman accelerate at the same rate. the woman should held to the same standard. in this case, i don't think the man is held to the same standard. like i said, i really have racked my brain to imagine a woman behaving lie like him and getting the nomination of a major party. >> how about just imagine a female sex scandal. we still have not seen one on a national level. this is just about men behaving badly. this isn't a female having an affair or sexually assaulting or being sexually aggressive or inappropriate to anybody else. this is all about males' bad behavior. >> but isn't that about facts? >> again, i refer you to your earlier statement. there's not an even playing field. there's not an even bar. women and men are being held to different standards.

>> i get kirsten's point. i don't believe that the absence of female sex scandals means this is an unfair process. >> what i'm saying is this is -- we're not even on a fair playing field. >> i don't disagree with that. i don't understand how -- of course you should judge women and men the same way. that's easy. what i'm saying is i think that there is a perception that women behave better than men in points of confrontation. it's not that it's a different standard. it's a different level of behavior. >> it's just behaving better generally in the public sphere. >> and kirsten says that's because they've had to learn to. deep down, you're just as bad as i am, but you've learned not to be that way? >> lovely. women are just better behaved, which are is why we ought to have more of them in elected officer. >> all right. kirsten, thank you very much. happy to be the guinea pig. can't wait to read my twitter feed. >> we're going to enlighten you

slowly. >> thank you very much. it will take a long time. what do you think about this? tweet us @newday. post your comment on facebook. alisyn? >> i didn't see the direction where that was going to go, chris on trial. well, the fbi head under fire for the new e-mail probe. let's bring in cnn counterterrorism analyst and former cia counterterrorism official and fbi official phil mudd. >> good morning. i just want to say, if we have chris cuomo representing men in america, he looks like a bridge troll, and he's got the intellect of a troglodite. >> using those big words. >> you are really enjoying this moment, phil. >> look at you laughing. you are happy about it. >> we did enjoy that last segment. all right. let's move on to our own segment, phil. you worked at the fbi for almost five years.

what do you think about director comey alerting congress to this new wrinkle in the investigation before he knows whether or not these e-mails are relevant or not relevant to hillary clinton? >> he can't win. let's take it to the day after the election, next wednesday. let's say he comes out with an announcement. there's some fbi precedent for doing that. you do not announce, especially in a political campaign, investigations of candidates. >> that is the tradition, right? and it's known inside the fbi that you don't try to somehow insert yourself in these final days. >> that's right. but if you open a new investigation, i could see that. in this case, we have him on the record saying this is a closed investigation. fast forward eight days. let's say he comes out and says, i didn't tell you during that campaign that i chose to reopen it. the opposite side is going to say, are you kidding me? you misled us by not correcting the record. i don't think he can win. >> do you think that whatever e-mails are on anthony weiner's lab top that are connected to huma abedin, do you think we're going to find something new?

>> heck no. i don't think this is going to go anywhere. there's two questions here. we're focused on the wrong question. whether there's more classified information. the fbi director, when he closed the investigation, said he wasn't close to a prosecutorial bar. that means there has to be something substantial in the e-mails. >> a bombshell. >> that bombshell is not about more classified information. it's about whether there's an indication about what people intended to do. did they want to break the law? i don't think we'll find that. >> so many people say if this were anybody but hillary clinton, this person would be in jail or this person would be prosecuted or this person would lose their job. do you think there's been a different standard for the material that was found on her personal server than there would be for anybody else? >> no, i served in the government for 25 years. i watched investigations like this. i look at this through the lens of what would have happened to me or somebody working for me. i think there's a minimum that would have happened. you're suspended without pay for 30 days. i think that's too light. i suspect what would have

happened here is a middle ground between suspension and prosecution. >> so you think a mini double standard. >> i don't think she'll be prosecuted either. i think the fbi has to investigate, but they're going to find out the same thing comey's already said. this is bad judgment. it is not near the level of prosecution. >> okay. while we have you here, we want to talk about these new audiotapes that were released just yesterday about the terrorists at the orlando pulse nightclub. for the first time, we hear him negotiating with a hostage negotiator who's trying to obviously try to diffuse the situation. it's very disturbing, but listen to this audiotape. >> can you tell me what you know about what's going on tonight? >> what's going on is that i feel the pain of the people getting killed in syria and iraq and all over the muslim --

>> okay. so have you done something about that? >> yes, i have. >> tell me what you did, please. >> no, you already know what i did. >> i'm trying to offer you help. >> well, you need to know that they need to stop bombing syria and iraq. the u.s. is collaborating with russia, and they're killing innocent women and children, okay? >> i hear what you're saying. >> my home boy tsarnaev did his thing on the boston marathon. my home boy did his thing. okay. so now it's my turn. >> okay. >> so you hear his twisted logic there. they're killing women and children, so i can mow down people and kill whoever i want. as a counterterrorism official, what do you hear in this confession? >> well, i hear a couple things. the primary thing is justification. there is no justification in islam for the killing of innocents. he's trying to say this is a battle and i'm a warrior in the battle.

what you're hearing is both why isis succeeds in recruiting. it's also the core of why they will fail and why al qaeda failed, why the future isis organizations will fail. they can't get over the bar of explaining why the murder of innocents is acceptable. and i don't think his explanation will hold water with 99.9% of people in the islamic world. >> phil mudd, thank you. we're following a lot of news this morning. we'll talk with hillary clinton's campaign manager soon. let's get right to it. how can hillary manage this country if he can't even manage her e-mails? >> if they want to look at more e-mails, go ahead. look at them. >> it's impossible to view this as anything less than a blatant double standard. >> the controversial pro-trump robo call. >> i believe evan is a closet homosexual. >> she's a terrible example for

my son. >> i've been fighting for families and underdogs my entire life. and i'm not stopping now. >> this is "new day" with chris cuomo and alisyn camerota. >> good morning. welcome to your new day. a blatant double standard. that's what the clinton campaign calls the fbi's surprise announcement of a probe into her long-time aide's e-mails. the fbi director standing firm on his decision, though also saying he doesn't foe what's in the e-mails yet. hillary clinton responding there is no case here. >> meanwhile, donald trump facing new questions about how he avoided paying tens of millions of dollars in federal taxes for almost two decades. there are also multiple uncorroborated reports about his campaign's links to russia. there's so much at stake. we're only one week from election day. we have it all covered for you. let's begin with cnn's justice correspondent evan perez. he's live in washington. what's the latest, evan? >> reporte