i would be shape to get out of this market and reduce exposure until all this is solved, november 9th comes and goes we go from there. [closing bell rings] liz: good to see you, larry shover, thank you very there is closing bell on quite extraordinary session. david asman, melissa francis pick it up here "after the bell" on slightly lower close for this friday. guys. david: thank you. melissa: wow, what a day, right? stocks dropping initially on a bombshell from washington. that the fbi is reopening the case into new batch of hillary clinton's emails. what a day, david. i'm melissa francis. david: incredible, just when you think anything else would be too much, something spectacular happens. i'm david asman. glad you can join us. this is "after the bell." markets ending the day mixed. dow recovering a little bit. we'll have more on biggest movers. here is what else we have for you this afternoon. talk about an october surprise? this is it. congressman jason chaffetz alerting the nation this afternoon that the fbi has

reopened its case into hillary clinton's emails. you never believe where the e-mails came from. what it means for the candidate, her campaign, her chances of becoming president just 11 days out from the election. everything has changed today. donald trump very quick to respond, now praising the fbi for what he says is courage to correct the horrible mistake they made, his comments. trump is set to take the stage at a rally in maine at any moment. of course we will take you there live. melissa: all right. we have more breaking news. a fire on an american airlines plane in chicago o'hare airport has been extinguished. o'hare has closed at least one runway. we are going to bring you more on this developing story as it happens. but in the meantime, back to the markets. when the news broke, the dow plummeted 162 points. did you see that? that was from the session high to the session low. recovering as the, as the dust settled to end the day about 7

point down. gold soaring on the news. phil flynn, price futures group is fox business contributor. he will tell us why. lori rothman on the floor of new york stock exchange. wow. roller coaster day, lori. take it away. >> that chart you showed sums up the day. did you notice how many times the dow crossed unchanged line? it shows that we've got renewed sense of uncertainty about the outcome of the election because obviously as you've been reporting, the fbi reopening this email investigation in hillary clinton. so the dow though, for the week, let's put this out there, will close higher. it is also been interesting proxy for the lech shunned a direction its going, value of mexican peso. obviously on this news, the peso plummeted, down .7 of 1%. there is the dow versus the peso moving in opposite directions. that is telling too. fresh uncertainty just in the last couple hours. look at vix. obviously the volatility index.

today, six, i'm sorry about 7.6, 7% move up for the week. tremendous volatility in markets. 24% move. back to you. david: thank you, lori. phil, the market going down but gold spiking. return to safety or at least perceived safety of gold today. it ended the day near four-week high. >> it really did, dave. everything that happened after the report broke affected all commodities. lori mentioned the mexican peso. the stock market, even oil sold off when the headline came out. so every commodity in some way was affected. you know, remember that brookings institute report about what would happen if donald trump would become president almost came true but very small way. could be a lot more or a lot less than they were anticipating but definitely it had an impact. oil unlike some markets didn't bounce back, they didn't bounce back because of reports coming

out opec meeting in vienna, apparently, iraq and iran are disputing how much oil opec says they are producing. they say, hey, we're producing a lot more. we want higher quota or we'll not go along with any production cuts. there is drama in vienna when it comes to this cut. tomorrow they meet with non-opec meetings that could be a big deal. we look tomorrow for oil. david: all about the united states though right now and the election. phil, thank you very much. melissa? melissa: the fib -- fbi doing unthinkable 11 days before the election. go to peter barnes with more details behind this unprecedented move. wow, peter, give us latest on this story. just keeps twisting and turning. reporter: you're right. as you know the fbi told congress it was looking once again into hillary clinton's use of private email while she was secretary of state after it uncovered new. mails related to the closed investigation. officials told fox news that

e-mails were found after fbi seized electronic devices belonging to huma abedin and anthony weiner. weiner is being investigated into sexting scandal after sending messages overhis cell phone. the fbi recommended not prosecuting clinton or aides possibly breaking government seacrestly laws or mishapped link classified information. letter to leaders of eight congressional committees, comey wrote, in connection with unrelated case the fbi learned of existence of emails that appear to be pertinent to the investigation. i'm writing to inform me the investigative team briefed me this yesterday and that the fbi should take appropriate steps to allow investigators to review the emails to determine whether they contain classified information as well as to assess the importance to our investigation.

although the fbi can not yet assess whether or not this material may be significant and i can not predict how long it will take us to complete this additional work, i believe it is important to update your committees about our efforts in light of my previous testimony. 11 days before election day donald trump praised comey's announcement. he said that he, that it showed that the department had the courage to quote, right the horrible mistake they made in the closing the case. in a statement clinton campaign chair john podesta said donald trump and his republican allies have been baselessly second-guessing the fbi in possible and private, browbeating career officials there to revisit their conclusion in desperate attempt to harm hillary clinton's presidential campaign. it is extraordinary that we would see something like this just 11 days out from a presidential election. the director owes it to the american people to immediately provide the full details of what he is now examining. we are confident this will not produce any conclusions

different from the one the fbi reached in july. melissa. david. melissa: so, peter, i mean that is nonsense because this is new information that came to light. they didn't revisit anything that was old and decide to get browbeaten into making a different decision. that new emails came to light from different device where they didn't know they existed. both sides at this point are saying release the emails, release the emails, both democrats and republicans. that is not likely though, right? this is evidence in a new case that the fbi has to go over. then again we're in uncharted territory. so what do you think? reporter: they didn't release emails before and in the first investigation so i doubt they will do it now. and it is politics, right? so, with a lot on the line. melissa: yeah. wow. all right. peter barnes, there you go. what next? we have no idea. we'll see. david? david: there is other breaking news by the way. this fire on the american airlines plane at

o'hare in chicago. the flight 383 was headed to miami according to officials. it was going down the runaway when it encountered engine issues. passengers have been deplaned. so it appears all is well. bring in today's market panel to talk about what's happened today, which is really monumental. steve forbes, chairman and editor-in-chief of forbes media and one time presidential candidate himself jack hough from "barron's" and john petrides, point view welt management. steve what a bombshell. just when you thought you heard it all something else extraordinary happens, bringing in anthony weiner. just to repeat what donald trump said more than two months ago about anthony weiner as it might relate to hillary clinton's emails, he said, and i'm quoting trump at rally, hillary clinton was careless and negligent in allowing weiner to have such close proximity to highly classified information. now how many times, steve, has donald trump said something that people say is outrageous but

turns out to be true? >> david, this election has been about third term versus temperment. in addition do you want four years of clinton drama. this underscores the scandals never end. i love john podesta, her campaign chairman complaining about what happened today. his emails throughout last few days has shown his slimy activities. if trump has the discipline to stick to message, he could still pull this thing out. people don't like hillary clinton. they don't like these unending scandals. the feeling when she gets in the oval office it will be more of the same, no restraint. david: steve, we're looking at market right here. we'll get to other panelists in a second. you saw the initial drop. oh, see the experts were right. wall street hates idea of a trump presidency. it kind of ended up the day flat basically. the market is a great long-term indicator. it may first panic one way or the other but then it finds

middle ground, doesn't it? >> it does indeed. if the market believes trump has chance to win this thing, they will look closely at trade and taxes and regulation the like, make conclusions this won't be end of the world. melissa: we'll ask you to hang tight for one second. we have sean spicer on the phone, republican national committee communication director. he joins us on the phone. sean, it has been quite a day. give me reaction to what happened. >> it has been quite a day, melissa. it is troubling. it is concerning. here we are 11 days, 10 days frankly from a major election and earlier this year when the fbi rushed to this and said there was nothing there, the republican national committee, other outside groups, you know said this was a problem. lo and behold we did find out now clearly today there is something more to this. i don't know what or how far but clearly troubling and reinforces concerns people have with hillary clinton on this idea of

trust and idea of one set of rules for her and one for everyone else. melissa: sean, there is lot of pressure now on the fbi to he provide more information. now they have come out, sort of disrupted everything going on with this announcement, there is a lot of pressure to say, either show emails or give more information about, you know, what direction this could possibly be going. what do you think will happen on that front? an you know, will you add to that pressure? >> well, i think we would equally want to know what's there. i think this is very troubling. anytime you hear fbi investigation, it is not a good thing for candidate politically. but i think the american people deserve to know what is out there. melissa, one of the ironies of today, when the first investigation was over and fbi rushed out, said this was the deal and comey didn't explain a lot how he came to his decision, didn't take any questions, the clintons and democrats rushed

and said, you have got to believe integrity. system. how dare anybody question them. then lo and behold they come out today, we have new information. john podesta and clinton campaign rushing out there saying you must explain yourself further. funny how when we brought this up months ago it was republicans don't have faith in the system and how dare they question. now today, once they don't like the outcome of it, they're quick to judge and rush to talk about how information, further questions need to get answered. melissa: yeah. >> i would agree with them, but ironic the way they rushed out to silence anybody that objected to comey's initial findings. now today they're out there saying we need to demand investigation of comey. no problem with the system when it benefits them. when it doesn't potentially benefit them, then the system is broken. melissa: to a certain extent everyone is like that. at same time sum total of everything we know right now is that there are new emails that

appear to be pertinent to the investigation. we confirmed reports that they came from anthony weiner's device. he is under investigation for completely different situation. that is all we know at this point. is there anymore information? >> obviously i don't have anything more but if you're asking from a straight political standpoint, anthony weren'ter scandal, hillary clinton email investigation. there is nothing about that turns out well. melissa: when we first heard the story and didn't include anthony wean, -- weiner, looking 11 days out, how do you make the most of this on the republican side what do you do?

>> i don't think we need to make the most of it. the american people will judge. your channel, the fox news channel, the fox network channel, abc, nbc, this is one of those emails. this is one of those scandals rather, the mainstream media will have to cover. i think it reinforce as narrative the american people have had with hillary clinton over past 30 years she has been in and out of washington, they can't trust her. she was one set of rules for everyone else. this is sort of the, nexus of anthony wiener scandal and hillary clinton private email scandal i don't know that you could put two more scandals together that would be less -- melissa: let me ask you, number one, do you tell donald trump, not to say anything, stay on sidelines, not step on the news cycle? in the past we've seen the situation where the news cycle is focusing in on her and something negative for her campaign, and then he is either

come out, done or said something to immediately take attention. you know mainstream mead wall will be tempted to do that, turn away from this story. >> right. melissa: how on trump side and republican side, keep him from doing that to himself? >> i don't, look, i'm not, we will obviously not discuss our strategy but more we keep focus on hillary clinton, on these allegations, on this narrative, that she continues to reinforce the better. i leave it at that. melissa: all right. sean, thank you so much for coming on. appreciate your time. >> thanks. melissa: it will be very busy next 11 days for you. thank you. david? david: we are again looking at donald trump there. he is speaking, he is about to speak in maine. we will bring that to you as soon as, that was file footage we saw before. here is live shot from lisbon maine. he was a little late. he was delayed. had his speaking engagement in new hampshire this afternoon. delayed that a half hour.

he was due to speak as the news broke of the fbi investigation. he had to digest it. figure out how he would deal with it. as melissa was saying to sean spicer, they decided to talk about, mention it, not dwell on it. that may be the same here. we'll not miss a moment what he says about what has happened. let's go back to the panel.

all around the world who are watching this thing, now googling anthony weiner, and reading, but, by the way, that is his actual name. not just what we call him for your international viewers. bringing more shame to the country i love. david: john petrides, the fact is that, nobody likes, vote for trump, or see hillary, don't necessarily like hillary or trump even if they vote for him. the dislike rate is 67% for both of them. point is whoever gets spotlight, is one that usually goes down because the people with the spotlight, person with the spotlight isn't one who has the negative attention. that is likely to happen as long as this investigation is going on, unless, there is some breakout information about donald? >> yeah, i think this fbi investigation here, the biggest issue is time. when do they release the these e-mails? is it before the election? if not, what happens if hillary

clinton gets elected, then emails are released and something incriminating out, is she possibly up for impeachment she doesn't get into? time is critical issue. david: steve, by the way we'll have a congressman on shortly, louie gohmert, who will be asked about that issue of impeachment. if after all this she becomes president, she could pardon herself. that would be up to republican congress, start motions of impeachment? >> this is very serious, david. comey did what he did today, i think in part, not just because of discovery of emails. also he knows he is very dissatisfied troops inside the bureau who have not been happy the way the investigation has been handled. if hillary clinton manages to win this election, she has no mandate. she will go into office knowing there will be numerous investigations. people will be focusing on a fellow named tim kaine. david: that's true. steve, what about the question i

asked to jack? the world has been very suspicious of donald trump thinking that, you know, he doesn't have much presidential sense behind him. perhaps a lot of business sense but not presidential. now they will have to reconsider that. had to reconsider same thing with ronald reagan in 1980. >> reagan had more on the table both in proposals and fact he governed the largest state in the union successfully for eight years. the market does not like uncertainty. but that will be up to donald trump and transition period if he wins the election. then after he takes the oath of office to lay out exactly what he is going to do so people get feeling and certainty what will happen next. uncertainty? no. you will see a lot of waving around. this underscores, don't try to be market-timer. they always throw stuff at you that you can't anticipate. david: they sure do. markets always adam. steve, jack, john, thank you very much. melissa. melissa: so we are waiting for donald trump to take the stage

in lisbon, maine. this is trump's second event of the day. republican nominee is expected to respond. i mean, right? again to the fbi's decision to reopen the clinton email investigation. our own blake burman is live in d.c. with the latest. blake, he made a lot of hay with it earlier today. he came out right after he heard the news. he is going to do it again, i would imagine? reporter: you would think so here. you're right, donald trump was all over this earlier this afternoon. here is how he started off his rally, his first rally of the day. he started by saying he needs to talk about critical breaking news announcement. he went on to several minute speech i guess about what just had been released as it relates to hillary clinton. after months though, as we know of calling the system rigged against him, trump he repeatedly dismissed fbi's initial decision not to press charges against hillary clinton. he did praise the agency during the first rally of the day. watch here.

>> i have a great respect for the fact that the fbi and department of justice are now willing to have the courage to right the horrible mistake that they made. reporter: let's talk about wider impacts potentially because there could be potential consequences not just for the presidential race but candidates down the ballot all over the country. give you couple examples. spokesman for republican senatorial committee, quoting, democrats spent this entire campaign arguing republicans should be held responsible for every word and action of our presidential nominee. time for the democrats to take their medicine. give you one example. marco rubio, florida, in a some what what of a tight race there, he issued this challenge to his senate challenger, patrick murphy. quote from rubio, since the fbi

announced they were reopening into investigation of hillary clinton's use of private server, patrick murphy will let floridians if he still trusts hillary clinton 100% as he said in the past. democrats who as he said in the past. democrats by the way who repeat ily praised fbi's initial decision not to pursue charges against clinton, are questioning timing of comey's most recent decision. i show you one tweet. done brazile acting chair of the democratic national committee. good grief. that was from her this afternoon. melissa: kind of funny, but marco rubio definitely has a point there. he is saying, democrats, we've said this so many times all along, close ranks as soon as things go wrong. on republican side, republicans stepped away deannounced things donald trump said and said, we can't stand by him. now, the tables have turned and

marco rubio, he has got to be first to make that argument. i would imagine a lot of others will follow suit. do you stand by her now that she is back under investigation or do you denounce her? >> just yesterday, melissa, marco rubio was asked question kelly ayote was asked, do you feel donald trump is role model for your children. rubio has four kids young in age, he tap danced around it. that was question put to him. clock in 24 hours here and patrick murphy and democrats all over the country will be answering that question, do you trust, do you stand by hillary clinton? >> the tables do turn mighty fast in politics. blake burman, thank you so much. david: never before like this here. here now is oliver mcgee, former white house senior policy analyst, trump supporter. richard fowler, democratic strategist and fox news contributor. oliver, first to you that as long as this investigation continues it's a dark cloud hovering over the clinton

campaign and it is clearly, this investigation going to last through the election. that inevitably means what? >> this means that this is a case that, i'm seeing parallels to the general petraeus case because that was a question about executive judgment which is really questions and service. empathy for the, presidential candidate in play, but also empathy for the american voter. also fbi comey is asking the proper question so he can be ultimate service to the american peoples before we make a critical decision on election day. david: all right, but clearly, it is going to last through the election day itself. richard, hillary spoke earlier this afternoon after the announcement of the fbi announcement. she said zero about this. eventually she will have to say something. what will she say, what you would you advise her to say? >> i think that is a good question. no question this is very, very

troubling to come out just 11 days before election. all americans can agree there. what you will see from the clinton campaign in john podesta's statement, they will push the fbi. if you have stuff, if you have these emails so close to election day, whether you're democrat or republican or independent, every american has to make a choice. so let's take a look what this is. what do you have so we figure out what it is. david: richard, let me get this straight, on the stump when she responds to what has happened or perhaps in interview, that is what she says? >> no, i think that is what reality. david: no, but i'm asking what you would advise her to say because she is going to have to talk about this at some point. what would you advise her to say? >> she will have to talk about. clearly clinton campaign, hillary clinton, this shocked them. they have to figure out how they answered this. they have to figure out what the fbi has so they can make educated answer. behooving on comey to release information. david: oliver, back to you, we

have a poll, last "fox news poll" on trustworthiness. again a lot of people will vote for trump don't trust him either but 6% of the voters -- 67% of voters say hillary is not trustworthy. that means that as long as the focus is on something that is suspected she's done wrong, that number might actually increase? >> well, absolutely. this election is really about principles and issues and the principle issue right now is that the fbi investigation. but it is also about scotus more than potus. american people are very, very wise, very, very smart. they're watching this very, have he carefully, watching particularly middle where independents reside. support for independents was already bleeding on clinton campaign, this will cause -- this thing keeps fleshing out and drip, drip, drip continues. this was a shocking, shocking

news today akin to us finding mh-370. i saw airplane crash problems on fox news. this is like a presidential airplane crash. this tsunami effect on the presidential election. david: richard, what hillary talked about in her speech, donald trump and his women problems, et cetera. when you compare an investigation to charges of donald trump on women, which the voters probably already absorbed anyway, those charges and what they think about trump, doesn't the fbi trump any of the other questions? >> depends how the voters looking at this election, right? if you're looking at election based on issues, like oliver talked about the supreme court -- david: hold on a second. issues and character, richard that is the real question, whether character. >> issues and character. oliver just like he stated this will come to the supreme court. it doesn't matter whether you know, you trust hillary or not. what you want as candidate will put type of justices you want on supreme court. if you're woman you believe women have right to chews, this won't sway your vote.

if you're another woman, you believe right to bear arms this will not swing your vote. that is important to understand. this election is about the supreme court. then it will come down to what matters to you. david: finally the question, involves those voters who have not yet made a clear decision because those are unwith that will change this election. among those voters what is more important to them, the lingering questions about donald trump and woman, or a current investigation by the fbi about whether or not one of these candidates broke the law? >> no question. everyone is at the kitchen table glued to their television sets saying, this fbi flap is back on us again? we're glued to it like everything. talk of watercooler. talk of the offices. director comey was doing executive judgment of the he had to uncover this, but the key to makes it interesting, tangent to investigation. brand new investigation.

we'll be glued next 11 times right at time american people make a critical decision. they're paying attention, paying attention, make no bones about it. david: oliver, richard, thanks for being hire. have exciting and good weekend. melissa. melissa: senator ted cruz weighing in. director comey's halfhearted of hillary clinton investigation did serious damage to the reputation, this latest revelation affords the fbip opportunity to begin to repair that damage. harsh words. gregg jarrett standing by, fox news anchor and former defense attorney and he joins me now. let's start with wording what is going on here. james comey said in connection with unrelated case, fbi learned of emails that appear pertinent. we now know the emails were found in the connection with the investigation into anthony weiner.

what does all that it will you? what do you make of that? >> one wonders whether james comey was looking for a chance, desperately, to reopen the investigation. why? because he was the most wounded man in washington. he went from revered to reviled almost overnight when he held that news briefing announcing that hillary clinton essentially had violated the law the under the espionage act but, he recommended she shouldn't be prosecuted. his own agency, lawyers and investigators in the case turned against him. they were absolutely a appalled and disgusted. comey had three months to absorb all of that has decided maybe reopening the investigation is a chance at redemption. he should be sending thank you note to disgraced ex-congressman anthony weiner. melissa: okay. talk about, what could, what could come out of this? >> a lot.

melissa: right but let's look at the range. they found emails on anthony weiner's phone. is this enough that more emails hillary clinton said were gone and nobody had and here they are that happened before, she said the emails were gone and people found them. a lot of people expected comey to do something about that. the fact that she lied and said emails were gone and here they were. >> right. melissa: but that in and of itself, that didn't work last time so why would that be meaningful this time? >> look the fbi has discretion and latitude not just to take a look at newly discovered emails, new evidence, they're also allowed, there is nothing that prevents them from reexamining their early analysis and conclusions. sort of like getting to have a do-over on your final exam of criminal law. maybe the second time around you have a better analysis and reach a different conclusion. melissa: okay. >> so there is nothing that stops comey from reopening the

case in its entirety. melissa: he said before that he didn't see intent. that it was carelessness, it was recklessness. >> which was a head-scratcher. melissa: we have since seen with emails came through from wikileaks a conspiracy where they're sitting there saying, what should we do about the server? what should we hand over? what should we not hand over. >> yeah. melissa: we saw things looked like discussion around a cover-up. >> right. melissa: we have seen things from the clinton foundation that demonstrated why they would want to keep emails secret. if emails on anthony weiner's phone confirm what we've already seen in the wikileak. mails, that enough? >> it could well be enough because we don't as yet know the content of these new emails but taken together collectively, with previous emails, it could be damning. remember comey himself testified

that hillary clinton had 2,000. mails on classified server unauthorized, he said she did not tell the truth. of now there is congressional referral tore perjury and the fbi is bound to investigate that as well. there is so much here and if motivation of comey is to reexamine a mistake he made before this really opens it up into something, a scandal, even if she is elected president of the united states, could completely disable her from doing her job. melissa: so, timing of course is of the essence, given that we're 11 days out. everyone said there is no way fbi can do anything. >> they can't. melissa: make any announcements, but i would say last time around it was totally unprecedented that he would walk out and walk up to the mic and lay out the case explain everything he found.

he may regret that decision now, but on that day all of our jaws dropped, that was unprecedented. he did that for political reasons he knew there was election going on and he wanted to be transparent. if you apply that same thinking, you might be swayed by the idea he might come out and show people? >> i doubt it very much. anything is possible, with respect to the emails, what you want to do is begin interviewing people. getting their statements under oath. some people may take the fifth. you may have to do immunity deals. doesn't take days. it takes months. what is interesting what reaction may be from the american public. sometimes people think, this is unfair. to supporters, or independents you know what? this will energize to go out there because she is treated unfairly. to those skeptical of her, they were saying we were right all along.

she is guilty of chronic corruption. this is proof of it. now we'll really going out and vote against her. it could go either way. melissa: gregg, real quick before you go, came from anthony weiner under investigation for not a lot of great stuff. is it possible he is cooperating and that is how we got here? >> sure. melissa: that he is throwing them under the bus? >> i wrote a column outlining all different state and federal laws arguably he could be prosecuted for. melissa: it's a long list. >> it's a really long list, sexting with under age girl. he is in serious jeopardy. grand jury. seized evidence. they have the goods on him frankly and would he be motivated to strike a deal so he is not wearing stripes in prison? melissa: hillary clinton. >> probably would. melissa: gregg, thank you for that. david: politicians never throw pele uer t bus theyevero th. melissa: totally uncarriesic. david: joining us on the phone

bill daly, former fbi special agent. great to talk to you. bill, as you and i know, comey was getting a lot of pushback from agents who had been there for years, decades, who felt injustice had been done with his decision not to recommend indictment here. do you think that pushback had any effect on his decision today?is more crystal ball i don't have any clarity on that. i can tell you though that i believe because he had a duty to report, report this this to congress because of earlier testimony and because of evidence he states in that letter, that h aware of, that appears to germane to the previous investigation. things probably lined up here properly so he had to report it. timing is something that doesn't sound as they though chose. just happened to come about as a result of the investigation. david: bill, you and i know a lot of people in the fbi. you much more than me but people

that i know, tell me there really was an active disdain for his last decision, to lay out the case, what appeared to be credible case against hillary and then decide not to pull the trigger on it. is that the feeling that you were getting from your old associates within the fbi? >> well there were certainly some people in some camps that people felt that way but i would probably tell you is that, as an agency that stands by its credibility, whether you people like it or not, whatever his statements were a couple months ago, i think people believe the fbi will do the right thing. this is an indication that is the case. they will continue to investigate this. much like gregg mentioned in earlier interview, this is timeline not based upon the calendar of election. it is based upon when they get through the information, how much information is there. what are interviews that need to take place.

it is difficult to predict, i would probably suggest to you, it was enough compelling information that he then needed or felt as though was germane and felt important enough to bring to congress. david: what happens now? let's push this forward. do the same agents who investigated email thing get back fully engaged to connect dots between anthony weiner's emails and hillary clinton's emails and everything else or do they hand it over to a grand jury or what? >> there certainly needs to be more investigation. most likely people familiar with the earlier investigation would be brought into this. i would probably suggest to you, there is a lot of electronic discovery that needs to possibly continue, line up, whether these emails that they may be new to them. obviously if they were the old ones they bo have fallen under what director comey had at his press conference, that he didn't

feel there was enough to go forward with indictment. i probably suggest there is new information and new information needs to be fully evolved and investigated now. that might take time. david: who would actually do the investigation? i assume in order to avoid having to get people up to speed you assign the same agents involved in the last investigation, correct? >> you would bring the same people who were very familiar with it, so you don't have a learning curve, that is exactly right. david: the new stuff they were getting from anthony weiner, that was totally separate investigation. do they combine forces now? >> yeah. what they will do, they bring people in with familiarity with the previous investigation on secretary clinton's emailsand kind of marry that up with the team working on the other investigation against mr. weiner. so it is bringing those forces together internally. it is not very difficult. it happens all the time when there is this kind of intersection of investigations. david: what doesn't happen all

the time, bill, for an fbi case like this to be reopened the way it has been reopened. can you think of a precedent, but no precedent for candidate for president to be under the spotlight but reopening a case does that often lead to indictment or not? >> that is, isn't that the truth, the question here, what happens? what really results from this investigation. i would just tell you it is not unusual for the fbi to reopen investigations. most investigations have a line at bottom, this investigation is closed unless further data that might reopen it. with director comey having to testify before congress he had this duty to inform. that therefore -- otherwise these investigations are sometimes open and no one nose you know, if in fact they are. they don't have to report it. in this case he had to. david: he sure did.

we all know about it now. bill daly, thank you very much. >> you're welcome, david. melissa: joining us on the phone for his take on new developments in the clinton email scandals, republican representative louie gomez it in. thanks for joining us. >> certainly. melissa: what are your thoughts on events of the day? >> i'm not really surprised when you look at the allegation of corruption aimed at fbi for their complete refusal to get into massive amount of evidence that continues to accumulate showing not only was there evidence of crimes being committed but also there was plenty of evidence of intent. so if you put yourself you put yourself in comey's position and see all the people starting to investigate comey. massive allegations of unjust enrichment of family members since he has been in charge of

the fbi. you see the deputy director and links today, comes out actually hillary raised $500,000 that was given to the deputy director's wife. so it just, it's every day it is something else. the only way to stop that for the fbi to come out and say we're reopening the investigation. that way, you guys have covered the fbi enough. you know when they have an ongoing investigation, what do they always say? we can not comment about an ongoing investigation. melissa: but sir -- >> this election not having to comment. melissa: let me jump in for a second. how much of an impact do you think it has on the election? like you said it has been non-stop. we've been seeing emails come through wiki. we've known about this investigation. i mean in lot of way this is is just the latest chapter. a lot of democrats are trying to say, this is who, it is kind of, there is nothing new here.

and a lot of people have already made up their mind and it is not going to have a big impact, that is what democrats are saying. what do you think? >> i think there are some people that are still making up their minds. they are torn between what they believe are two deeply-flawed candidates. hopefully they will wake up and sigh regardless whether or not one is-mouthed. the other one sold off the country we used to call treason, when we look the way the uranium one sale took place and rewards of stockholders to the clinton initiative and on and on. i hope it makes a difference. melissa if this kind of thing doesn't make a difference, the united states hopelessly lost as the republic franklin hoped we keep. i hope people will wake up. melissa: yeah. >> listen, one other thing on

the evidence of intent, that comey said he couldn't find, i hate it when smart people show such signs of ignorance, law school teaches of federal doctrine, i think in most every state, the doctrine that allows the judge in appropriate cases where evidence has been in the possession of one of the parties or lost or destroyed in that party's possession, the judge can instruct the jury that the fact that it was destroyed while it was in this party's hands can be considered by the jury as evidence of intent. called the doctrine of spoliation. as other fbi agent mentioned that to comey, he had to be a little bit embarrassed showed such ignorance when he dropped the case. melissa: we've seen a lot of

other evidence that came to light. >> gosh. melissa: wikileaks emails you see evidence of a cover-up after the fact. there is discussion over emails, demanded they be turned over and discussion back and forth in writing where they say, turn over this, what can we do here, does any of that come in given the way those e-mails came to light? people on the left, we don't know where they came from, they could be doctored, they could be made up, we don't know whether they're authentic, can that come in. >> the fact that people who could look at those and look at their own email history an confirm that it is or it is not an email that we have sent, the fact they're saying we're not confirming we're not able to actually confirm tells you it must be legitimate because when someone has the ability to confirm or deny for certain that it is or is not their email, and

they say, we can't confirm, then what they're saying is, we don't want to confirm but we could tell you if it was not ours but they run into problems with committing crimes themselves if they say to anyone in law enforcement, that is not my email when it actually is. you will not see a lot of these people can say i absolutely assure you it is not my email unless it is not. the fact they're not saying that, it is evidence, indication they're saying it is. melissa: we have only 11 days to go. >> -- this year they will never indict her as long as she doesn't say bad things about obama. david: congressman, i just have to ask one question, which i promise the viewers i would ask when you were on. if she is elected, through all this, if she is still elected president, she has the power to pardon herself. if that happens, would congress move to impeach?

>> i certainly would, yes. david: that's it. thank you very much. congressman louie gomez earth in. have a good weekend, congressman. the fbi has four devices, one belongs to huma. at least one of the other three belong to anthony weiner. we now know that. early voters are weighing in. adam shapiro is in coral gables, florida. adam, of course this whole thing adds a totally new i am did men shun to the early votes -- dimension to early votes. i'm sure a lot of voters would like to change their votes based on what happened today. go ahead ha. reporter: that is wonderful question to ask. we're in coral gables. this is heart of miami-dade county. democrats outnumber republicans by number of registered voters by a third. huge number of unparty affiliated voters as well. i want you to see what happened. the news broke, we immediately asked people who voted, those about to vote, look what happened when i asked a woman on her way to vote if this would

impact her decision. the fbi announced it is reopening its investigation of hillary clinton and the potential criminality of the emails and the private server. does that impact how you might vote? >> yes. reporter: how so? >> i think i'm going to think about how i'm going to vote. reporter: you're troubled by this? >> a little bit. i want to know more about it. i want to be informed about it. reporter: you're about to go vote and fbi has reopened its investigation? >> i'm going to think about my vote and i'm not going to vote now. reporter: off she went. now we also spoke to people who already cast their ballots, even though they knew about the fbi news. here is what they told us. >> the way i see it, millions of us see it, donald trump is so flawed. he has labeled hillary clinton as crooked, crooked, a liar, when in fact i see him, i'm not only one, as the liar. >> it doesn't change my opinion

either way. she is much more fit to be president compared to donald trump. reporter: there are die-hard clinton supporters who don't see this news, the reopening of the investigation having any impact. there was that other woman, who decided she wasn't going to vote today. she turned right around, david. she went back to the car. perhaps we'll see her tomorrow. but this is having an impact. david: yeah. on people in the middle. they're the ones who will decide this election. this news does change their opinions as we saw from your great report. adam, thank you very much. appreciate it. melissa. melissa: so as leaked clinton campaign. mails continue to be revealed, my next guest wonders if democrats are embarrassed? now with the fbi reopening the email investigation are things getting worse? james freeman from "wall street journal" joins me now. i mean it's very interesting. you put forward this question in a great article today we've

heard before this news broke, when donald trump repeated things, republicans stood to the side i can not be a party to that, i can not stand behind him any longer. but with democrats, when something goes wrong they close rank and turn to the other person, whatever the problems are, the other side is so bad i have to stick with my team. does any of that change now do you think with this latest reopening of the investigation tied to anthony weiner, the shebang? >> what won't change media double-standard where republican candidates up and down the ballot are asked to defend each trump remark, each outrageous remark, you haven't seen that on the other side where down ballot democrats have to respond to every new revelation to clinton emails. what this does raise in the first voter in coral gables she wanted to know more. i think she is speaking for a lot of voters across the country. this will be pretty unsatisfying

for people if a charging decision happens after the election, you raise the idea how dreary would that be? a president having to pardon herself. melissa: that would be so depressing. >> i would urge mr. comey, i think a lot of people thought he blew it the last time around. melissa: yeah. >> if he can not make a charging decision before the election, he should put everybody he has got on this case, at least get the emails out, redacted where the classified data should never have been shared, never taken out of the state department, where that exists, redact it but let voters decide, instead of saying we'll settle this later after the election. melissa: two questions on that. number one, you talk about the mainstream media not paying attention making a story about this the difference with this story it has a sex component. that is always, the thing, drives ratings, gets people interested. this ties back to anthony weiner

sexting a 15-year-old girl is how they came across with the information in the first place we're hearing. as much as mainstream media wants to go out and cheer lead for her, they can never resist a story tied to sex. what do you think? >> maybe. this story, it is harder, now about a 15-year-old girl. i think it was easier for people to findentertainment to laugh about carlos danger before it involved a child. i'm not sure it will that be appealing especially given the stakes. most people lean left in our line of work but i do think voters care about this a lot. just to get back to the original point, it has been odd watching this sort of media cycle where republicans are supposed to feel ashamed if they think donald trump is better of two maybe flawed options but interestingly, he is polling really well among independents. a lot of recent polls, even where hillary is ahead, he leads among independents.

i think that tells you something. melissa: so james, what do you think of what marco rubio did? he instantly seized upon this, he said you asked me how could i possibly look my kids in the eye and stand by donald trump? and now he is asking his opponent how can you stand there now that the investigation is reopened? how can you stand there and say that you believe and have total faith in hillary clinton as somebody who is honest and trustworthy? do you still say that now? he is trying to turn the tables. is that successful and can other republicans do that to the democratic opponents? >> it can be, maybe depressing, teaching moment for parents. you can say, we don't always get a reagan on the ballot, we don't always get a washington. sometimes two very flawed people. when you look at hillary clinton, the reason i think there is cause for democrats to be embarrassed standing next to her, more so today, when you basically ignore the law on federal records, when you ignore

your responsibility to keep classified information safe, when you lie about it, when you refuse to cop rate with an inspector general's investigation. when you have all your staff refusing to tell the american people what they did involving, this is information that belongs to us, not to the clintons, i think that along with pattern of corruption we've seen in their foundation, it really, maybe finally these questions that have been thrown at trump supporters will be asked of hillary supporters. melissa: we'll see. james freeman. fantastic. thank you for your time. david: breaking now, senator chuck grassley senator out of iowa out with following statement regarding the clinton investigation. quote, the letter from investigator comey unsolicited and quite honestly surprising but it left a lot of questions unanswered for both secretary clinton and public. they need time to assess what the fbi discover and what it

plans to do with it. i have asked for brief from the fbi as soon as possible. john bolton, former ambassador to the united nations, fox news contributor. wow, i don't know how else to begin every interview, it virtually changed everything in blink of an eye. we just had louie gohmert on, congressman louie gohmert and i asked whether if hillary pardoned herself if all all this she was elected president, would congress begin impeachment proceedings and he said yes, without hesitation, he said yes. if she is elected president, how does this change things? >> well, she will be the first female president, under fbi investigation. congratulations. there is historical moment for you. look, ask yourself, ask yourself the question, young hillary clinton just out of yale law school if she were asked as member of the rodino committee's impeachment investigation of

nixon, if nixon pardoned himself would that bring people around to impeachment, xi -- she would have said unequivocally. she knows impeachment law quite will. i think what this shows james comey needs to be fired. he should have never held the press conference during the summer. i listened to it like everybody else. i was intrigued by it, but the rule is, prosecutor does one of two things. you prosecute somebody or close the file and be silent. this is wrong way to conduct a criminal investigation. david: by the way we're getting information through our producers in washington from law enforcement officials who say it was very tough decision what was decided or what was announced today by james comey. the question really, do we do it now or do we do later later means after the election? it was a tough question. caller to the director comey

said to release all the information. this law enforcement official said no way, it will not happen. they learned what you just said mistake being too open. >> you're not spoused to be open. criminal investigations are supposed has to go to one of two questions, this is not a question of whether e-mails they found are classified. under comey's theory it does not matter. there was no intent on hillary clinton's part. i think that is wrong as a matter of the statute that requires recklessness. but under comey's theory, these e-mails have to go to two other questions, one is the obstruction of justice question. whether she committed perjury or some intend to rise in level of

comeyy own legal theory of being prosecutable. that very significant. david: that must mean he has evidence of intent and or of be obe--they are accumulating enouh evidence to convene a grand ju jury. do you think that is likely to happen. >> only reason they did not convene the grand jury is legal theory they needed specific intent. david: there has been a of a grand jury. >> he's to hear more from comey. this is the wrong way to do a prosecution, but comey it this

to himself. david: we see a rally about to begin where donald trump will be speaking, he did mention it. what do you think that donald trump should do with this information? >> say, i know this reopening of the investigation i is on everybody's mind. i addressed it. i will say nothing more of it today, please, god, that is what she should say. david: ambassador john bolton. melissa: what a day. david: incredible. melissa: a turn of events. david: this is a game changer, we'll stay on the game from start to finish, a very busy weekend. keep it right here for at least until 10:00 tonight, but lou dobbs has a special a three-hour special from 7:00 to sens 10 :0. donald trump entering the arena in lisbon, maine.

melissa: we heard him make comments about huge development that fbi found more e-mails pertaining to hillary clinton's e-mails, they are reopening that investigation. a lot of news, that is it for us. isdavid: "risk & reward" starts right now. liz: we're monitoring live events. we're looking at a live shot of donald trump about to take the microphone at a rally in lisbon, maine. he has been at a break-neck speed, been in 4 states within days over last week, as fbi reviews new e-mails in clinton probe. let's listen in. >> >> thank you. thank you. maine. maine. women for trump. thank you