lis weihl * showing how far some candidates might go to become president and she'll exceed reality. the former leader of the u.k. independence party joins me tomorrow. kennedy: some shocking new fox news polls shows this race is anything but over. and the number of states for clinton and trump up in the air. the electio he -- the first debt five days away. should the new york bombing suspect be crete treated as an enemy combatant or criminal. hillary clinton still ahead of trump in national averages. but national averages don't have

electoral votes and they are meaningless thanks to the stupid electoral college. that means a dozen swing states will determine whether hillary clinton sinks her tentacles into the white house. the magic electoral number to win the presidency is 270. they will sooner vote for a hologram of ronald reagan than go democrat. hillary can count on tofu suckers to vote for her, maybe multiple times. last month hillary clinton led in the swing states with a projected 323 electoral votes. this week the clinton team bragged that she has many paths to 270 electoral votes while donald trump has very few. that may be true. but less than a week before the

first presidential debate trump is gaining steam in a battlegrounds, and what was once a laughable probability, victory is a possibility. hillary's lute to the oval office is slimming. trump needs ohio, a state whose economy is based on something called buckeyes. but each every state romney won then he has to win some more. hillary can afford to win florida. but she is hemorrhaging millennials and doing surprisingly poorly with women. the polls only tell half the story. it's whether people show up to vote. donald trump's basket of

deplorables are proud of their guy. the race is far from over. good thing you stopped in for a pit stop. i'm kennedy. like i teased you with. brand-new polling from fox news shows interesting developments in critical, crucial swing states. in nevada trump is up 43-40. trump is up 45-40, gary has 6:00. the most critical state of them all, ohio, trump has the lead 42-37. johnson has 6. stein has 2%. the party sphanl joins me now. pete hegseth also here, fox news contributor and author of his

famous book in the arena. and tom shillue. welcome. i'll start with you, pete hegseth. interesting news in the fox news polls. as far as independents go, a lot of people said they will be the key to the race in places like north carolina trump has a lead 17 percentage points over hillary clinton in ohio he's up by 20 and nevada 19. the spols are swinging in his favor. >> the key polls are swinging in his favor. why is this happening? because he's running a disciplined campaign on issues that matter to people in this cycle. hillary clinton is hiding for one reason or another whether it's hem or she is playing defense. when you are doubling up your -- it's more than double -- but the

other thing in the numbers is you see he consolidated republican support which was a problem for a while. now he's on par with hillary clinton. you add those republicans and independents and you will get a lead. kennedy: those people are not necessarily excited about donald trump. they are excited to beat clinton. the polls are showing support for her is eroding right before the debates. what can she do to get momentum back on her side? >> she won't go throughout and be the showman she is. i think trying to do that is a failed strategy. i think she dabbled with it. she gave one of the best speeches of her campaign about the pat right where she was talking about supporters. independents and millennials is

a big problem. but i think what she has done well with the alt-right issue is explaining what these forces are whether they are deplorable or not. that was wouldn't speeches where it did make stones attack him and she did get a little bump out of that. kennedybut she has tough policye can win on and do well. kennedy: why has momentum swung in his favor? is it because of something he is doing? >> it was going that way anyway. when the polls changed it was maybe hillary's health thing. slowly they are partial toward trump because he's the candidate. he's the question. are we going to have this guy as president. slowly people are saying maybe we go with trump. no one is going to make a

last-minute decision to go to hillary. >> i don't think that's fair. this reman is the brexit election. this is a large muscle movement about how people feel about the future of their country. when donald trump is talking about americanism versus globalism. he's speaking to the middle of america. when hillary clinton talks about the alt-right she is insulting america. but she is -- >> here is the problem with the alt-right speech. she may feel right about that. but the people she has to attract right now, working class white voters. the alt-right thing don't matter to the bottom line. and the deplorables thing, that's direct. >> it does speak enthusiasm gap which i think is something that's serious. and why you have barack obama saying it's a personal insult if

you don't turn out for her as you did for me. she is also dealing with that. she has to get people excited about her candidacy. kennedy: here is the thing about this election. if you look at donald trump and bernie sanders, the fact that these odd and charismatic figures rose up in this year during this election cycle is a repudiation of president obama. that's something she has to run against. and his favorability numbers are so much higher than hers or donald trump's. so she is in a difficult position. when the president goes on the stump, all he wants to talk about is being president. he doesn't want to talk about her. he said the race shouldn't be this close. what he's really saying is she is such a bad candidate, she can't even beat donald trump. >> i don't think that's exactly what she is saying. she also said -- he also said

she is the most qualified candidate in history. but you are so right. the delicate dance that she has to perform for the rest of the election cycle, cleaning the successes of the obama administration. we haven't gone far enough. you don't have as much money as you should. healthcare, we need the reform it. kennedy: more reliance on government, i think that's the way of the past, not the way of the future. >> jessica made some good points. but obama saying she would be the most qualified president was received the same way trump said he would be the most presidential since honest abe. kennedy: so qualified. coming up, the pay-to-play scandal that keeps dogging the clinton campaign.

it involves slick willy and the perfume industry. the panel quectds the dots. can the man accused of bombing new york city be treated as a combatant or citizen?

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kennedy: bill clinton may have used his charity foundation to wheel and deal phase. a quarter million dollars to give a speech that took less than an hour. chen the clinton foundation organized lime growers. not bad for a fundraiser. but what about a charitable foundation? pete, i will start with you because of the egregious mistakes and the strange malfeasance the clinton foundation has participated in. i don't think this is the worst thing i have heard. but it's not great. >> in every aspect. you get phase from the state department it was contribute to the foundation and we'll do

things that are charitable that happen to benefit a certain subset of people who donated to us. add this on top of the drip, drip, drip of why the people think the clintons and what they have been conduct and using their positions for influence. >> they hired bill clinton to give that speech not because he's so great at talking. but maybe because the clinton foundation had so much control in a place like haiti which used to be the great key lime grower. what say you? >> i agree with pete in so far as this adds on to the drip, drip, drip. i think the damage has been done. 6 in 10 americans think there was a pay-to-play between the 8 department and the clinton foundation.

but this is why hillary clinton's honesty and trustworthiness numbers are so low. but what is incredible is how high bill clinton's favorability numbers are. kennedy: what i would say about that is he's not going to be president again. he has access to his wife. >> unkind. kennedy: i think you are inferring something that wasn't implied. >> you are right, he's not running for president. if you see the way bill clinton is greeted and praised by crowds and the press in a didn't way than she is. you know there is unfair treatment of the ladies. >> he was asked if he wears fragrance and he said no. there was an audible gasp. like they were mortified.

when i do gigs. this is a ste -- this is a stupy issue. take the foundation after the table, give to it bill gates. did you make that suggestion on "red eye"? >> bill and chelsea clinton said she would resign from the board of the health initiative. you want to be the president of the united states, just get rid of it. the reputation of the clinton foundation and the good work they have done -- kennedy: who would think a lackey from 40 years ago would still be running the health fund. they cannot help themselves. just because the person doesn't

have the last name of clinton doesn't mean they wouldn't give a kidney. the panel is coming back a little later. donald trump reportedly gearing up for the presidential debate. he's asking voters how to prep. but should american citizens convicted of terrorism be tried as criminals. the judge is here to answer it. please stay with us.

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take the roar out of snore. yet another innovation only at a sleep number store. ken report suspect in the weekend bombings due in court sometime the next few days. he's facing a slew of local and federal charges including using a weapon of mass destructions.

some republican lawmakers are saying he should be labeled an enemy combatant, stripped of his constitutional rights and placed in military custody somewhere like guantanamo bay. judge napolitano argues that's not how the constitution works. lindsey games arguing for ahmad kahn rahami to be placed in enemy combatant status. ian others believe the due process rights are suspendible at the whim of the government. the right to a jury trial and the protections the constitution gives and to confront the witnesses begins and the evidence against you and have a lawyer. those who are of this belief say he's such a high intelligence

asset that miraculously the fifth amendment can be suspended. the fifth amendment says no person should be deprived of due process it's an absolute command and it applies in all cases. kennedy: he's an american citizen. it's not like they scooped him up off the battlefield in afghanistan or iraq. >> think of the logical consequences of what senator graham and others have suggested. i'm not critical of lyndsey graham. he's judge graham in the united states military so he's familiar with the law. but if the government hates or fears a criminal defendant and thinks that person was involved

in some foreign today balance or conspiracy, they can suspend that person's liberties. there is no. kennedy: it means something to be a citizen of the united states of america. it's also problematic that 800 people were given citizenship when she they were supposed to be deported. >> this particular right to fairness from the government is a natural right. it stems from our humanity. that's not napolitano on the constitution. that's the supreme court on the constitution. kennedy: the supreme court going through growing pains or shrinking pains. there is so much chaos, i think it's irresponsible to deem

someone unfit for certain liberties because of the intents of the crime. >> i have a lot of respect for the military prosecutors. they haven't won a case. the joint terrorist task force of the united states attorney has not lost a terrorist case. there is nothing wrong with putting these case before juries and giving them all the constitutional protection. they usually get a conviction and it's usually upheld on appeal. what is wrong with that. if they are acquitted. they walk. that's the law. kennedy: that's the beauty of the constitution and thank you for explaining that. >> it tolerates some guilty going free so no innocent will be punished and stripped of their liberties. kennedy: is more government snooping the answer to

preventing more terror attacks in the united states? i'll talk with glenn greenwald. later on "topical storm," should wizards be able to play tr

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kennedy: a "topical storm" is going to blow through here in a little bit. but first a waterfall of politics kicks off this monday. i have got my lawn chair outside hofstra university. i'll sleep it in every night. it will probably rival super bowls in viewership. donald trump's campaign says he's going to choose his issues by crowd sourcing it's a very wise strategy.

or could it be a recipe to crash and burn. jessica, i'll start with you. hillary clinton has employed a team of psychologists. they are poring over trump debate videos trying to figure out his weak spots so they can exploit them. and he's saying i love you guys. you tell me what to put in the debates. who's going to win what weknow so far. >> he was having hamburgers with christie and giuliani and they were chit-chatting about it. i think what trump needs to do, not that i'm wishing him great success in this. is to think about the fact that he needs 55 million votes independently. i think they call them

trump-ocrats. kennedy: who has the bigger job monday night? >> hillary obviously. he doesn't have to do anything. he shows up. he does whatever he does. he declares victory afterward. drunk flashes a headline that says trump won the debate, all the trump fans get online and say he won. and it's over. there is nothing she can do to win. there is no strategy for her to examine. tom brady has no playbook. she can't do anything. that's why she can't win. from the beginning i said you can't beat trump. you can't beat him. kennedy: she is a more skilled debater than people give her credit for. and she improved throughout the

primary season in the democrat debates. if she hammers him on facts and pushes him on something like the nuclear triad, that could be problematic. >> i think he will be trained to talk and glaze over that. of course, she knows that. she can quote he leader in the world. but that doesn't mean america is the leader of the free world. trump already wouldn't expectation game. she has psychologists and sharpening her pencil it creates the optics they want. kennedy: what does winning look like for her? >> i don't think it's particularly sexy. it will be on fact check. there are things that are going to happen on both sides. donald trump will say i didn't support the iraq war, and she'll

say things about her email server or whatever. and i want to see how the moderators take that and how they respond to one another. she is poring over the statements he made for sure. you think japan should have nuclear weapons. do you understand what that mean? kennedy: if she presses him on that. that's our tinkerbell dinging noise. it's the little drummer boy. please don't miss fbn's live coverage of the first presidential debates monday september 26 with lou dobbs. i hope i join us. coming up. the war in syria looks like a dress rehearsal for world war iii.

if elected what should a trump administration do about u.s. administration do about u.s. foreign policy? thwow, it's nice.ew 2016 chevy malibu. let's check it out. do any of you have kids? i do yes. this car has a feature built in called teen driver technology, which lets parent's see how their teens are driving. oh, that's smart. it even mutes the radio until the seat belt is fastened. will it keep track of how many boys get it in the car? (laughter) cause that could be useful. this is ahead of what my audi has for sure. wish my beamer had that. i didn't even know that technology existed. i'm not in the market for a car but now i may be.

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[narrator] don't let your heart quit on you. get your uncontrolled high blood pressure to a healthy range before it's too late. kennedy: the ceasefire in syria, the north korean missile test and the standoff with iran shows the world can be a dangerous place. we know hillary clinton would likely continue much of president obama's foreign policies strategies. but what if donald trump wins? what should be his priority? let's ask former ambassador to the u.n., am bass dorm joan bolton. do you consult donald trump? >> no, but i support him. we talked in years gone by, but not recently. kennedy: let's check off a few of these boxes. there are some troubling

hotpots. let's start with the middle east and iran. what did we accomplish with that deal with iran and what should president trump do about it? >> we legitimized a regime that is the central banker of terrorism. we unfroze $150 billion of assets and given them a clear path to deliver nuclear weapons. other than that, it was quite a deal. this was a disaster. make no mistake about it. i think it's the biggest failure of american diplomacy in american history. i can't think of a circumstance where we have given away so much and gotten so little back for it. kennedy: is there anything donald trump dock if he's elected? >> it's difficult because much of what has been undone by base hard to put back together. but on day one, trump should pan

bro gait the -- should abrief ae the deal. i'm certain iranians have been committing violations. i don't think iran had the slightest intention other than make cosmetic changes to its program. the consequences are there in an ongoing middle eastern nuclear arms race with the saudis, the egyptians, and the turks. this is a very damaging event in our history. kennedy: supposedly moscow and d.c. will have to collaborate. >> there won't be a collaboration. this has been a problem for obama and clinton. they have argued for five years that we can cut a deal with the russians to ease assad out of

power it was never true. it was never in their interests to do that. at the moment i think syria is a strategic side show. the major problem is iran. and i think the answer is a new regime in iran. i think we need to go after isis more vigorously but not by bolstering russia and iran's allies in the region. i think we go with the kurds and some of the arab countries. the soon were we can destroy isis control over the territory it holds wsht harder it will be for them to recruit terrorists in the u.s. and europe. kennedy: let's talk about north korea. they claim they just tested a nuclear weapon they can mownlts to a ballistic -- they can mount to a ballistic device. is that a greater threat to america than the middle east?

>> it will be shortly. soon they will be able to reach targets on the west coast of the united states according to our military commanders. obama and clinton have had a policy of strategic patience which means doing nothing. kennedy: would you bomb them? >> it's too dangerous for south korea. but we need to convince china that the continued existence of north korea is bad for china. kennedy: how do you force reuniting on the korean peninsula? >> we have to get the chinese to agree it will be in their best interests? kennedy: convince them top get mom and dad to remarry. >> if they cut that off the regime would fall. what they are worried about is

the instability. there are ways to work on that. there are issues to resolve. unless we start with chain today we are never going to get to that point. i fear they are already and will continue to aid iran in exactly that project. kennedy: if donald trump is elected we get to hear him say china a bunch. >> the chinese will get the hear it, too. kennedy: coming up, edward snowden wants a part of the newspaper that used him as its source now throwing him under the bus.

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>> welcome back. the weekends bombings in new york and new jersey have brought up the debate about how to stop terrorists hell bent on killing americans. with us now, glenn greenwald who helped expose the nsa's mass

spying program with edward snowden. i know you have made the case that too much spying, too much surveillance actually puts us at greater risk. that's true, isn't it? >> it's definitely true. if you look at what we were able to review with reporting from the snowden archive. the u.s. is doing more spying than we thought possible. and look at how many attacks or attempted attacks have taken place the last four years without the slightest detection notwithstanding the dragnet they flailsd americans under. when you are collecting so much data and for it's impossible to detect the information they say they are looking for. they are overwhelming and drowning themselves in data. kennedy: you know more about this apparatus because of the

thousands of documents you poured over with edward snowden. you made plain in your book that terror attacks can be stopped. how do you do that? if you are not supposed to go after everybody, and the f.b.i. missed the last four terror attacks on u.s. soil, what can they do better. >> the founders resolved this debate when they said of course we want the police to be able to monitor people and search homes and look at documents provided it's targeted. they go to a court and demonstrate there is a reason to surveil a particular person. that's not what they are doing, though. they are engaging in malls surveillance, putting millions of people under a microscope without and suspicion. the other critical thing i think

we have to remember is that founders urge that there be a balance. they didn't just allow the police to barge into every home without warrants, even though letting them do that would be effective at catching more criminals. they said we would rather have police have the harder job and sometimes criminals go free if we have a zone of privacy from the state. every time there is an attack, the immediate action is how can we vest the government with more power, even though it ignores that balance? >> you had law enforcement imploring the public and those who line their pockets for more money to beef up those program. if you are spying on everyone. then we are less safe. sunday you published an article about the post after the newspaper's editorial board said edward snowden should not be pardoned for leaking documents.

you argue that's ridiculous because snowden was "the washingto"thewashington post"'s. and because the story helped the "post" win the pulitzer prize. how hypocritical is this of that paper to take a stand against pardoning edward snowden? >> the other three media outlets that used the documents as a source all called for him to be able to return to the u.s. on the groinds's a whistle blower. which is consistent. we published those documents because we believed they were in the public interests for the public to see. snowden did didn't make the choice to publish any document. the post made the choice to publish hundreds of top secret documents only for the editorial page of that paper to turn around saying snowden should be

i am prisons for leaking the documents we "the washington post" chose to publish and won a pulitzer prize for having done so. if they want to be consistent, they ought to call for their own prosecution. kennedy: hillary clinton is calling for greater cooperation between the government and silicon valley. donald trump is calling for more surveillance. which presidency do you fear most. >> if you confine it to that single question, they are both pretty ominous. imagine vesting facebook and google with the power to collaborate with the government on what speech is per miserable. private tech companies might become so powerful, it imposes a

threats to free speech. and comparing them are difficult. kennedy: no wonder you don't live here anymore. >> sometimes i'm very happy about that. kennedy: coming up. it's finally time for the "topical storm." i will teach you the proper i will teach you the proper etiquette when your what is success? i will teach you the proper etiquette when your is it a professor who never stops being a student? is it a caregiver determined to take care of her own? or is it a lifetime of work that blazes the path to your passions? your personal success takes a financial partner who values it as much as you do. learn more at tiaa.org i'm claudine and i quit smoking with chantix. by the time i was 30, i said "that's it,

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kennedy: when you throw rain shower boom arang and it never comes back. nice, don't freak out. come nuls your weary head into some strange news. this is the "topical storm." just because you are a pilot don't mean you will take off. just ask rob snyder.

even if you are lucky enough to make it on the tarmac, there are still a whole mess of things that could go wrong. i know you are probably sick of hearing everyone talk about the reno international air races. a scuffle on the runway. and no one got stabbed in the eye with scissors. maverick and goose would be so proud. it's hard to talk about. topic number two. weddings can be so full of surprises. particularly during thunderstorms. and this happy couple in lexington, kentucky found out. they got attacked by a tree. oh, no. it's like lord of the rings. don't worry, the bride and groom

are just fine. they said it was a neat and unexpected way to punctuate their wedding. they were lucky, but killer trees are a very serious issue. that dress is edible. trees can steal our women and infect people with dutch elm disease. i just wish brandon would have been on the lookout for evil trees last christmas. then he ate are face and edible dress. topic number 3. there are few things in this world as impressive as a great

skateboarding trick. for instance tying your shoes and forgetting to blink. the record-breaking stunt of jumping over 12 barrels. that's a dozen. watch. roll out the barrel ... it's very impressive. but some people can't leave well enough alone and try to accomplish a task that they know will never be achievable. see what happens when the same skateboarder goes for 13 barrels. a good attempt, but he didn't let it end his steboarding career. here he is performing his latest

stunt. [♪] that's the lincoln chafee of skateboard tricks. you don't jump barrels, you jump sharks. you may think you have fantastic hand-eye coordination. but this guy had hand-ball coordination. this japanese man puts forrest gump to shame. watch next. how does he do it? i know what table tennis is. i think it's great they let

people in the home spend their time perfecting these skills. topic number five. it's rare for a trick to fail on two fronts. but watch as a man tries to make a seated basketball shot with his back facing the basket. it's got to work, right? the chair explode. he was picking splinters out for days. thank you for watching the show tonight in please follow me on twitter and instagram. email at kennedyfbn@foxbusiness.com.

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