tom: well, we'll see how he does. but kelly riddell, mark simone, good to see you both. thank you for joining us. and thank you for joining us. tomorrow on this show, donald trump's big speech on immigration and special coverage starts at 7:00. good night from new york. >> and good evening, everybody, i'm tom sullivan in for lou dobbs. newly released clinton e-mails expose the cozy relationship between the state department and the clinton foundation. e-mails show that clinton's aides routinely dealing with foundation donors and also venting about their boss. the latest release comes as the fbi is set to publicly release its own report on the matter. and citizens united president david bossie who first uncovered new e-mails is among our guests on the show tonight. stick around. and as clinton deals with the scandal, donald trump is

set to clarify his position on a key campaign issue, illegal immigration. that speech is set for 9:00 p.m. eastern tomorrow in arizona. trump's running mate, governor mike pence said today, reassuring voters at a town hall in georgia that trump will fix our broken borders. >> donald trump is committed to enforcing the laws of this country, only the constitution, securing our borders, including building a wall. you're going to hear all about that tomorrow. >> okay. again tomorrow. okay? >> we'll take up trump's speech with former regular political director ed rollins will be with us. also toni. tom: also tonight, stunning statement from the obama administration on the fight against radical islamic terrorists. secretary john kerry may have just topped obama's comments when he dismissed the.ke this un

hanna, here with us as well. and also why the obama administration is bringing in so many muslim refugees from syria and so few. the fbi scandal, the fbi will release some information they got including the now infamous interview notes. members of congress who have seen these notes say it proves the justice department basically let clinton off the hook. fox news chief intelligent correspondent catherine herridge has our report. >> law enforcement say portions of the fbi's investigation into hillary clinton's e-mail practices could be released as early as this week, possibly wednesday. but emphasized the review is on going. president obama spokesman says the white house is not involved. >> i've seen those reports. i can tell you that the white house did not consult with the

fbi about that decision or any of the other decisions that they've made in terms of handling some of the investigative material. >> after fbi director james comey's july statement where he recommended against criminal charges. >> we are expressing to justice our view that no charges are appropriate in this case. >> media outlets file freedom of information act requested for the bureau. the expectation is that the redacting files will likely include the fbi's recommendation to the justice department against criminal charges. the summary of clinton's fbi interview known as a 302, as well as the back up notes from agents who questioned her. while the fbi director said there was no evidence of criminal intent by clinton and her team to move classified information outside secured government computer networks. republicans who read the fbi file sent to congress earlier this month claim agents never pressed clinton. >> he said they didn't go forward with charges because he didn't have any criminal intent. i didn't see any questions on that. she said she did it for convenience, but i did see the

follow-up questions in the interview i read. >> today the clinton campaign welcomed the files released and before the news became public, the fbi director was speaking at a cyber security conference where he joked about avoiding more discussion of the closed national security investigation. >> i would like to take your questions, and i'm hoping you're going to think of a question that has nothing to do with secretary clinton's e-mails. >> and then the fbi director addressed increasingly aggressive foreign hackers who are targeting committees and voter registraon databases. >> we take very seriously any effort by any actor, including nation states, maybe especially nation states that moves beyond the collection of information and offers the prospect of an effort to influence the conduct of affairs in our country, whether that's an election or something else. >> today two more democrats join senate minority leader harry reid calling on the fbi to investigate alleged connections between the trump campaign and russian interest

and whether these ripples contributed to attacks on democratic party websites. tom. >> kathryn, thank you very much. in the meantime the clinton campaign trying to grapple with the torrent of negative news surrounding mrs. clinton. some of her biggest supporters are now worried that their lead in the polls may slip away if she doesn't do more to address the pay for play accusations. fox news senior political correspondent mike manuel has this report. >> there is growing pressure on the democratic nominee to detach herself from the clinton foundation. this time it is coming from an unlikely source. "the new york times" editorial page, which published today quote achieving true distance from the foundation is not only necessary to ensure it's. taking aheat for the cozy relationship and frequent contact between then senior state department official and former top foundation executive doug band. and with new details about

clinton's e-mail surfacing daily, it is a cause for alarm among many democrats and clinton supporters. aberdeen is also in the headlines again due to new sexting allegations involving her husband congressman anthony weiner. announced just yesterday she has decided to separate from him. >> secretary hillary clinton. >> fox has confirmed with democratic source outside the campaign that the clinton team is seeking inside into donald trump's deepest insecurities, looking for ways to get clinton under his skin during the first presidential debate. that includes consulting with psychologists and coauthor for art of the deal schwartz. notes the campaign has 25 researchers digging into four decades of trump's background looking for ways to fluster him. and examples when senator marco rubio made this reference back in february to trump's hands taking him off his game. >> you know what they say about men with small hands.

you can't trust them. >> clinton continues fundraising i in the new york area but his running mate tim contain is making several stops in battleground, pennsylvania, suggesting it is time for trump to come clean. >> the trump campaign just feels like trump's next big con. his next big con. he's hiding his tax return, hiding his financial bill of health. >> the new poll of likely voters has clinton with an 8-point lead over trump with libertarian gary johnson at 6%, and green party candidate jill steyn at 1%. >> a solid lead but trump believed to be connecting with white working class voters, the clinton team does not want to take any chances of allowing battleground pennsylvania to slip away. tom. >> all right, mike, thank you very much. in the meantime donald trump he is set to deliver his big speech on illegal immigration. that speech will be in primate

tomorrow evening and the campaign will clear up questions about trump's immigration plans. fox news chief political correspondent carl cameron is with the trump campaign tonight in evert, washington and has our report, carl. >> hi, tom. trump has an event here in about three hours, and he's been on the west coast pretty much to raise money for the last day and a half in california and here in washington state. and then tomorrow he goes to phoenix, arizona for that big speech in prime time outlining and clarifying his immigration position. over the course of the last three weeks, donald trump has himself raised questions with his supporters and critics about what exactly his immigration plan is. first, there was his call to build a great wall. and he says that would be from the pacific coast to the gulf of mexico and it would be a beautiful wall that would stop illegal immigration on the borders and secure borders once and for all, at least on the he southern side of the united states. but he has since acknowledged there are mountains on that border that make a fence and wall impractical and, in fact, has suggested that technology

would be better suited in parts of that. beyond the wall, then there was question on the muslim ban, temporary on new visitors into the country until we find out what the hell is going on, end quote. but that's now been modified to suggest that, well, it ma in fact, be an opportunity for some people to have a softening in their problems we would have what he calls extreme vetting to make sure that terrorists and threats aren't just coming to the u.s. from overseas arbitrarily. and lastly what to do about the 11 million undocumented immigrants in this country, the illegal aliens that he once said there would be a deportation force to round up and remove and, again, with this question about his raising with sea sean hannity last week for people who do not choose to self deport. for anybody that's a major criminal would be deported right away and then more serious criminals that they

would go after in a second wave and then after that take a look at the population and see who would be required to go home in order to come back and have a path to legalization or citizenship. and what would happen to those who would choose to stay but not be legalized. that has not been resolved. perhaps it will be tomorrow. and then there's another big speech that comes this coming saturday in detroit at the only african-american owned and operated tv network evangelical christian in the country and in detroit trump will address that group. it was organized in part by pastor mark burns, who often boisterously brought the crowd to a feet. suggesting hillary clinton is basically taking advantage of black voters and is only tryingo appeal for their support as far as she gets those votes and then she's like him again in four years. this is the same sentiment that donald trump has expressed but not with what pastor burns acknowledged was

too many people offensive clinton black face retweet, which she has apologized for but not for the sentiment that democrats and clinton specifically have been taking advantage of minority voters for years and liberal policies and institutions ultimately don't give them a hand out with the promise that trump will be doing something different. two very big speeches this week. all of them coming at the first debate and on the preface of labor day, which is the sprint point of the entire closing election campaign. today's tuesday, we are ten weeks from the actual election and the two speeches coming up may be the most important trump will give the entire time. tom. >> you know, i was going to ask you, but i think behind you i can see the answer seattle tacoma area, very, very democratic and yet he's getting a pretty good turn out tonight. >> well, sure the line goes back several blocks and this is fairly customary.

it is worth noting in california and in washington state there isn't much expectation that trump has a chance here. a republican hasn't won in these states for a long, long time, you have to go back to reagan in california before that and washington voted. it's a tough hall, but it's an opportunity to have a financial haul and raise money. and, again, the west coast tomorrow the big immigration speech and by the end of the week, he'll b detroit to talk issues. >> that means you have a busy travel day too. so, carl, thank you very much for joining us. >> and we'll have trump's immigration speech live tomorrow. our complete coverage begins at 7:00 p.m. eastern. we're coming right back with much more. stay with us >> donald trump taking the heat on hillary clinton as her list of scandals and lies continues to grow. trump says enough is enough. >> the deleted e-mails, 33,000. the secret schedule, the lying

to congress, it's all just too much. how much more can voters take? >> president of citizens united david bossy who has been leading the investigations in the clinton joins me next. and this ten-car pile up leads to a moment of encourage and heroism you won't want to miss. we'll show you the incredible video up next. plus a lot more right after this break. stay with us. ♪ ah, my poor mouth breather.

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>> the state department has found about 30 e-mails from hillary clinton's account that could be related to the benghazi terror attacks. the new documents among the 15,000 e-mails that hillary clinton failed to turn over initially. meanwhile e-mails obtained by citizens united shows clinton aide aberdeen raised concerns about the security of clinton's server during a 2009 trip to moscow, he be dean wrote that staff would not be checking their e-mails and would be leaving their blackberries on the plane. and ad noted that her clinton e-mail dot-com e-mail address should work. but aberdeen responded quote it's for security reasons. i don't want to use that one

either. well, joining me now, david bossy, president of citizens united, also president of the defeat crooked hillary pac. these were things you released today. you knew information about these e-mails on the plane. >> look, we just keep getting documents. we -- once or twice a week, we're getting document production from the state department in our multiple, multiple cases that we have on going with the state department over the last two and a half years. so these documents we just got about a week or ten days ago, we've gone through them, it was about 1,600 pages, so we've gone through them and we're releasing them today. >> what does it say to you? it says that she knew there was a security problem with the system that they were using. >> sure. and they just blew right past it. it shows two things. it shows what they put national security in jeopardy, and they were very fair about it. >> but jim comey says no prosecutor would ever

prosecute this. >> yeah. i've talked to a lot of prosecutors, and they say that's wrong. and i know jim comey, and i respect him. but i believe he's just dead wrong. i've talked to u.s. attorneys, former u.s. attorneys who say this is prosecutable. the other part of it is -- and this is very important as well. is what these e-mails show is there is no separation between where the foundation and the state department begins. these -- this e-mail is actually from aberdeen, two people at the foundation saying if you need us, we're off the grid in russia. so it's about to uncover the security aspect but it's really an e-mail saying to the foundation, hey, guys, we're not going to be around if you need it. >> but the ultimate question is the smoking gun and donna brazil through this off yesterday by saying, hey, this is the way you network. >> it's the washington way. >> yeah. but what it says to the american people is you don't count unless you donate

to the clinton foundation and then you will have access to your government. >> and that's what we have uncovered, these e-mails that we just released this past weekend, different e-mails showed that big foundation donors, anywhere from one to 10 million-dollar donors were gaining access directly from the foundation staff to state department staff. >> but if i gave you $10 million. >> right. >> so you would return my phone calls. >> sure. >> that's not illegal. the question is will you get my a government contract paid by the taxpayers? >> sure. >> that's where you start getting illegality clearly. >> exactly and ubs is one of the companies that is one of these one to 10 million-dollar donors. and ubs was a smaller donor earlier. they got a -- the decisions they wanted in the -- which hillary clinton took part in on the switzerland if you recall a few years ago on the u.s. government wanted access

to bank accounts. >> right. >> and hillary clinton stepped in and took care of that and ubs became a much bigger donor in the tens of millions of dollars. ng for.e are the types of >> but you say you've been digging at these things for two and a half years. and. >> we've been digging these out for two and a half years. >> right. so you don't know what gold is -- there are hills until you get there. >> the state department has been slow walking us. they have been completely through litigation strategy every tactic known to man to slow this process down. we are in court orders over many of our lawsuits going to receive documents well past election day into 2017 and even 2018. >> yeah. well, i hope you -- i hope you find new things very quickly. i presume that good stuff. the good stuff they're holding

back. >> we have another document production tomorrow. >> we'll look forward to the news. david bossy, thank you. good to see you. in the meantime roll the video because this dash cam video capturing the actions of bystander in new york. car burst into flames after a ten-car pile up, battled broken glass and flames and smoke. pulled a woman from the fiery crash, thankfully no fatalities and the woman pulled from the car, a few cuts and bruises. up next the commander of the american forces in the middle east. iran's recent harassment of the u.s. ships in the gulf could

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. tom: john kerry calling on the media to stop commenting on terrorism. press conference in bangladesh and saying quote if you decide one day you're going to be a terrorist, and you're willing to kill yourself, and you can go out and kill some people, you can make some noise. perhaps the media would do us all a service if they did not cover it quite as much. people would not know what's going on. well, joining me now foundation for defense of democracy senior counsel and national security adviser john hannah. what do you think? you like dumbed down america so that we don't know what's going on in the world?

what our threats are? >> extraordinary, tom. really disheartening, but i think what we've all become used to with an administration that simply refuses to recognize the kind of civilizational struggle with radicalism. you don't name the enemy, you tell everybody that al-qaeda has been designated that isis is the jv team, you blame it on the media, and you tell the american people that they're overhyping the problem. tom: overhyping the problem. yeah. i would like to know what the problem is at the very least. but people can decide whether the media is doing a good or bad job of reporting. but good grief to say don't report it is amazing. and one of the things that -- well, washington flat-footed was turkey last week goes in to syria and goes after isis. and apparently washington, the obama administration was caught completely flat-footed on this one. what's going on with that?

>> well, as far as we can tell from the press reporting on this is that turkey was open in coordinating with the americans and this cross-border operation against isis. but the white house just didn't want to give turkey an answer. so erdogan decided to pull the trigger themself. but allies have total disregard for the president of the united states and feel that they can just move without consulting him. it's a real slap in the face to the supposed leader of the antiisis coalition. tom: well, but the president is going to meet with president erdogan at the g20 meeting next week. that's going to be an awkward get together because erdogan is the opposite of barack obama. >> yeah. this guy is engaged in the greatest purge of the 21st century after this

aborting coup last month. he's moved at least 100,000 people out of their jobs. engaged now in a massive campaign of anti-americanism at home. holding us responsible for holding onto this islamic cleric that he claims was to blame for that coup last month. tom: yeah, and i think he's going to get tough with our president on that i would -- i suspect that's what the conversation's going to be about. but before we run out of time, i want to get your reaction too to this business about iran, all the russian missiles that have been put in place around the nuclear site. isn't that the site in which they're trying to enrich uranium, bringing in very sophisticated soviet missiles. is this another -- taking the opportunity while they can because they don't think we'll do anything about it. >> yeah, no question. this is the most dangerous site in iran for potentially enriching uranium for a

nuclear bomb. deep underground in a bunker, this placement of these very advanced antiaircraft systems could be a strategic game changer. if in the next 10 or 15 years makes a dash to the bomb, it will dramatically complicate what the americans or israelis have now about trying to take that nuclear program down. tom: yeah, you can see that one from afar. john hannah, thank you so much for joining us tonight. >> thank you, tom. tom: you bet. well, we're coming right back with much more. so, please, stay with us. >> donald trump set to give his important illegal immigration speech. he's promising to stick to his game plan and secure america. >> what you see with mr. trump is he's been remarkably consistent and particularly on immigration. we're going to build a wall, we're going to secure our borders and enforce our immigration laws. tom: what impact will trump's speech have on the general election campaign?

we'll take that up with ed rollins here next. and this group of skydivers are taking their high flying synchronized stunts indoors to show the amazing flips and turns in the video up next.

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tom: donald trump set to give a major speech on immigration tomorrow night. earlier the trump's campaign communications adviser gave my colleague brian kilmeade a

little preview of what we can expect to hear tomorrow night. >> mr. trump has said that we're going to start with criminal illegals. we have to go after the really bad ones and get them out of here first. that's the number one priority. tomorrow night mr. trump will be giving a little bit more of a broader vision of what we're going to do about the illegal immigration problem, and i don't want to get too far out ahead of that, but that is something that he's going to do and quite frankly hillary clinton won't. tom: joining me now former reagan white house director and pac strategist ed rollins and, mr. rollins, what does donald trump need to do in his speech. >> he needs to have clarity. just basically needs to have one position, building the wall obviously which has talked about from the beginning. getting rid of the criminals. getting a path to take care of some of the others who were here illegally. but the problem is he did that very effectively early on. he chased out the bushes and the rubios and to be thoughtful about the issue. the public wants change, and they want change quickly, and they want the criminals out as quick as possible.

tom: but when it comes to this confusion that's been out there as is he a hard line immigration guy anymore or is he not? that's got to be part of the message. >> absolutely. he can't back away from building the wall, and he can't back away from getting rid of the criminal element, and he has to basically have a responsible plan to move forward on this who are here illegally. you know, change the law and allow them to stay, which i think is not doable or desirable, or or get them out. figure out a way to get them out. tom: because the question if you start to get soft on that, what happens to the support he has. but, again, it's your turf but that middle crowd, the independent of undecided. >> well, there's a lot of people who basically don't understand the issue. they know they don't like the issue, and they think there's a lot of problems that have been caused by the legality of the criminal element. and i think he has been very, very clear on that. and he says, listen, i'm going to go to congress, i'm going to do as much as i can do on the laws today and the laws today are these people are

here legally and congress wants to change it, fine. but i'm going to enforce the law of the land in 1986 and the criminal has to get out of here and get out of here quickly. tom: so makes a speech tomorrow night and that's it? or is this thing going to be with him until november? >> he needs to get behind it and a very clear statement that nobody wants to deal with after that and then talk about the mep as he is in his new ad. he has to define himself i am a leader, she's not. if you want more more years of obama, a junior varsity version, fine vote for it. but at the end of the day we've watched her over the years, she can't make the tough decisions, she's in this stupid thing, the e-mails, and she doesn't believe in abiding by the rules of the state department and the federal government, and basically i'm a decision-maker. i can make the change in this country. tom: i'm a leader. >> i'm a leader. she's not. tom: well, listen, we were talking with carl cameron earlier. he was with donald trump up in evert, washington bedroom of

seattle. and that is big, big blue territory. that is very democrat. >> absolutely. tom: in that part of the world. we talk before about what he's doing in some of these blue areas. >> i assume he's raising money. he's not raising it to the extent she is. she's doing nothing but daily fundraising. she's disappeared from the radar screen too. he wouldn't be out there campaigning. you're not going to win washington, oregon, or california. that pacific rim is gone, and you may do better than other republicans, but it's not good enough to win. the seven states, north carolina which is coming back, pennsylvania, obviously north carolina, virginia, florida, ohio which is most important. you've got to win those states, otherwise you can't get 270. tom: how long did it take you to pick yourself up off the floor after reading "the new york times" that hillary clinton should cut the clinton foundation? >> well, i think it's -- every so often amazingly after reading it for 50 years, every so often it amazes me it's an amazing thing. but they're right.

she needs to shut it down today. it's going to be a distraction. if she gets elected, which i still don't think she will. you don't want to have that kind of confusion. she was running a campaign out of that organization, back door. tom: seeing other signs of the new york times, pundits are saying cut off the foundation, close it down, it's going to dog you. is there a split within the democrats on this issue? >> i don't think so anymore. i think at the end of the day a lot of people didn't pay a lot of attention to it. but now when you've got 60, 70% of the country, including the majority of democrats who don't think you're honesty and then basically bouncing all over the place on e-mails and who i took money from and what i did for them and all of that stuff, it reinforces the integrity. and the interesting thing is trump has not run a good campaign and she has done all the things you would traditionally do. she has not basically moved forward. she's sliding back, and his campaign is attracting

attention on fox and other networks. he's out talking about immigration, he's talking about african-american community, he's dominating the free media still as he did in the primary. and he's gaining on her, which is measurably. tom: polls are tightening. >> close race brits all over. tom: always good to talk to you, ed. >> thank you very much. tom: well, just a reminder, it has been now hillary in hiding 269 days since she held her last news conference. in the meantime roll the video. this is one show that will blow you away. literally watch as this team of daredevils they fly, they flip, they hang upside down in a synchronized wind tunnel routine. they have practiced for over 5,000 hours before show casing the incredible moves. so i guess it does take time to learn how to do that. up next, the islamic state committing genocide against christians. but the obama administration brings in just a tiny fraction of christians as part of the

syrian refugee program. we'll take that up and a lot more with pastor robert. he's here next (announcer vo) who says your desk phone always has to be at your desk? now, with one talk from verizon... hi, pete. i'm glad you called. (announcer vo) all your phones can work together on one number. you can move calls between phones, so conversations can go where you go. take your time. i'm not going anywhere. (announcer vo) and when you're not available, one talk helps find the right person who is. hi, john. (announcer vo) so wherever work takes you, you can put your customers first. introducing one talk-- another way verizon connects your business better. learn how at onetalk.com. ♪ [engine revs] ♪ [cheering] ♪

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tom: well, the obama administration has achieved its goal of admitting more than 10,000 syrian refugees

into the united states and a reset mark one month ahead of schedule. now, despite the islamic state, they're committing genocide against christians. check this out. christians make up just a half of a percent of those refugees that have arrived from syria. the number is 47, that's it out of the 10,000 identify as christians. that's it. the others 10,000, they identify with the muslim religion. so joining me now, pastor robert jeffers, member of the counsel for donald trump and pastor of first baptist church in dallas. pastor, if you're talking refugees, it seems to me the people that are running for their lives, well, certainly muslims, what about all the christians being killed? genocide over there? >> yeah. look, tom, no one more critical than obama than i have. here a president who cannot hide his disdain for conservative christians and what we believe.

but i don't think it's fair to completely blame obama for this one. i was in germany not long ago, spoke to hundreds of refugees who have flooded into that country, many of them were muslims who converted to christianity. they said we're afraid to admit that we are christians in the refugee camps because of what our fellow muslims will do to us because we have converted. but, you know, tom, that's the bigger issue. we don't know who these syrian refugees really are. and yet in spite of that, in spite of the fact that the officials say we can't vet them, in spite of the fact that isis says we're going to infiltrate this group with our version of angela merkel named hillary clinton wants to increase the population of syrian refugees by 550 percent, that is absolute insanity. tom: it is. especially if you take the enemy at their word. isis has said they are going to infiltrate these syrian refugees with their isis soldiers. so they promised, i presume

they're going to keep their word. >> absolutely and so that's, again, i think one of the major contrasts between donald trump and hillary clinton. donald trump i believe is going to do whatever it takes to make america safe again. tom: let's talk about detroit on saturday. donald trump's going to detroit to speak at a church. african-american population, a lot of people criticized them talking about african-americans to audiences that are white. this time he's going right into african-american church to talk. how important is that? and how important especially the black community is that church? is that still where the families revolve around in their lives? >> i think it's a very important speech. he's going to specifically be talking about what he's going to do to reach minority communities and how his policies are superior to the failed policies of barack obama and obama's would be successor hillary clinton.

but witness, tom, there's another message he's giving. this is the first time trump has spoken from a church, and i think he is signaling the importance of evangelical voters in this election. i talked to trump yesterday, i said, there trump, the good news is that the latest poll show evangelicals prefer you by a three to one margin. and he said that's great, robert, but i want to know who that one is. and that tells me he is not taking for granted this vote like mitt romney and mccain. they took that vote for granted and said evangelicals won't vote for obama. they don't have any other choice. they did have another choice and that was to stay at home, which they did by the millions. i don't think they're going to do that this time. tom: well, and memory serbs me right, it was critical in george bush's win in 2000 and 2004. so are they back? >> i think they're back, and i think they're ready. our country has changed a lot in four years.

and, look, donald trump is talking about many things. but the issue that is most important to many evangelicals is the appointment of conservative justices to the supreme court. trump is down to the point those justices, given us a list of 11 he would pick from. no other candidate has done that in history, and i think for that reason evangelicals are flocking to him. tom: i don't think you can repeat that enough, pastor. or that supreme court issue is a very critical one. it's always good to talk to you, pastor robert jeffries from dallas. thank you, sir. >> thanks, tom. tom: on wall street, stocks did close a little lower. dow falling 49. s&p down four, nasdaq off nine. volume on the big board? just a little under 3 billion shares. and apple shares closing lower after the tech giant was ordered to repay $14.5 billion in irish tax breaks. the european union says ireland granted illegal tax benefits to apple.

but the irish government and apple are appealing that decision. well, up next donald trump, has some advice for colin kaepernick. the quarterback reducing to stand for the national anthem. we'll tell you what that is and take it up, the controversy with kelly and

. tom: backlash is growing against colin kaepernick after

the 49ers's quarterback refused to stand during the national anthem at a game played last friday. he criticized hillary clinton and donald trump in explaining his refusal to stand. makes no sense. donald trump isn't taking it lying down. he's firing back. >> i think it's a terrible thing, and you know, he'll -- maybe should find a country that works better for him. let him try. it won't happen. tom: joining me now washington times columnist kelly riddell and mark simone, radio show host. mark simone, the kaepernick story overwhelmed radio talk show hosts yesterday. >> rough story, figured out the first half of the day trying to figure out how to say his name, kaepernick, kaepernick, everybody has a right to be an idiot.

but if he feels strongly, go out and speak, go out be and an advocate, have something to say, talk to the community. this stupid symbolic gesture puts the 49ers in a terrible position. it's your team. you're putting them in a terrible position. tom: that's been my point, kelly. this is, if you're a golfer or a boxer, muhammad ali did it, you're not a team. you're one person, you can do whatever you want to do. but one of the things we learned as children playing sports is you're part of a team. >> yeah. tom: he doesn't seem like a good teammate? >> yeah, but what did he do last year? threw six touchdown passes? with those stats, he's better off suited in the canadian football league. he gets paid, what, 200 k a week to sit the bench. i think the united states is being pretty good to colin, he should be grateful. tom: everybody seems to agree that, yes, he has the right to

protest. i think, mark, your point is a good one, what's he doing beyond being a put ony kid? why doesn't he take his money and wealth and influence and go work in some of the communities he wants to help? >> yeah, even if he's not going to do that, i have more respect if he started this and was on every talk show, on this show, on every show, explaining at great length what he's talking about, but just to p on and do nothing accomplishes nothing. tom: yep. there was another player to that, i'm not going to mention his name, he came out and said i'm going to do the same thing, and couple hours later, i saw, no he's not. somebody got to him, and he said no, i'm not going to do that. so kelly, let's talk about the "new york times." this is amazing. "new york times" says to the clinton campaign, will you get rid of the clinton foundation, cut your ties? what are you doing? the "new york times," when they speak, is clinton listening?

>> well, i mean, it's clearly not this right-wing vast conspiracy like her team would like to paint this out as. with the slow trickle of e-mails, e-mail revolutions, 306 the e-mails -- 30 were related to benghazi, these were supposed to be yoga e-mails. it's unclear where the state department ends and the clinton foundation begins with huma abedin's role as a personal concierge. she needs to cut her ties but doesn't look like she's in any position to do so. they've got to stop take foreign donations. they want to keep it going up until she wins the presidency. tom: mark, this isn't going to go away, this is going to drip, drip, drip, to november. every time a couple of new e-mails comes out, it goes under the microscope. there's more here that doesn't add up to what she said. >> nobody more liberal than the

"new york times," even they're offended and appalled by the clinton foundation. don't forget it was a year ago they did the expose on the finances of the clinton foundation. they're the ones that came out with the 75 million in travel expenses. the gulf war didn't have that much travel expense. just taking the donation says a conflict of interest that stinks. tom: something is up there. the other part behind, this and kelly, this is the preparation, the buzz is that donald trump isn't sitting down, and doing the typical preparation for the debates, they're less than a month away now. you think he's going outsmart everybody or is he going to get caught? >> i think the debates, everyone is anticipating them and looking forward to them. i think the most important thing is to be true to yourself and donald trump looks like he's doing that. i'd say the expectations are in his favor and the fact that no one expects much from him. if he outperforms the expectations and the polls are tightening, he could definitely do very well for himself.

tom: well, we'll see how he does. but kelly riddell, mark simone, good to see you both. thank you for joining us. and thank you for joining us. tomorrow on this show, donald trump's big speech on ♪ >> in a wild west ghost town... a teenager stumbles upon a dilapidated gold mine... and its owner. >> she had a "no trespassing" sign at the gate. >> does she say, "i'm calling the cops," or does she pull an "annie get your gun"? >> it's the start of an uncommon relationship. >> i'm thinking, "you're a smooth operator." >> no, it was just the history i was interested in. >> next thing her family knows, the guy's getting their strange inheritance. >> i said, "i certainly hope you're on the up-and-up." >> but is this old mine spent? >> ruth, i got a lot of respect for you now. >> or could it still make him rich? >> there's still gold here. >> this is by far the hottest result that i've ever worked with. >> holy christmas.