maria: how extraordinary that huma abedin has gotten as far as she has gotten in the political circles that she has, almost into the white house, having that connection, her family's part of the muslim brotherhood? >> it's astounding and for the clintons to give a pass. maria: kevin kelly, dagen mcdowell, tony schaeffer, see you tomorrow. stuart begins right now. stuart: thank you very much. what is in the newly discovered e-mails? would the fbi set off this electoral firestorm if it wasn't a big deal? this election and the clinton campaign are in crisis. good monday morning, you'll hear the word constitutional crisis, that's what we're looking at. the fbi has new evidence in the investigation of hillary clinton. we do not know what it is. and we may not find out before the vote. the legitimacy of the election and the vote are at stake. here we are with eight days to go. trump rapidly closed the gap.

in the real clear politics, 2.4 points. in the l.a. tracking poll he's one point ahead of hillary. however, we do not yet have polls that fully take account of the weekend's developments. very early readings suggest it is a very big problem for the clinton campaign, and the democrats know it. they are hammering james comey for reopening the investigation. shameful partisanship, damaging democracy, says "the washington post." and a serious mistake, says eric holder. he broke the law, says senator harry reid. the fbi's investigation is going forward. they have a warrant to search weiner's laptop and the 650,000 e-mails that are reportedly on it. question of the day, what happens if some or all of the 33,000 supposedly destroyed e-mails show up and not all of them are about yoga or wedding plans? well, donald trump is on it, worse than watergate, he says. and it's all deeply troubling said hillary on saturday.

she kept silent on the issue on sunday. and the chicago tribune, democrats should ask hillary to step down. state of play, trump coming on strong and hillary in scandal and anthony weiner is back. "varney & company" is about to begin. the fbi has found, you're not going to believe it. another 650,000 e-mails how. who you do you get to 650? i think that's the mother load. i think they found them all. every time you heard donald trump he's spoke been the e-mails.

hillary clinton has not spoke been it since saturday afternoon since this. >> if you're like me, you probably have a few questions about it. it's pretty strange to put something like that out right before an election. in fact, it's not just strange, it's unprecedented and it's deeply troubling. stuart: well, i say we have a lot to go at this monday morning. judge napolitano. >> you have to run the one clip i agree with. stuart: if hillary clinton is elected, we have a constitutional crisis don't we, when we have the e-mails. >> the last time the supreme court looked at a--

clinton versus jones. and answering charges while a sitting president, this is conduct by mrs. jones against president clinton. if it's a criminal case, the constitution would mandate that be deferred until after the end of the president's term. there would be tremendous political fallout to a criminal investigation hanging over the president, but very little legal fallout. stuart: but it would question the legitimacy of her presidency, not in the constitutional sense, but the legitimacy of the leader of our country of doing things. >> in the minds of some people, she does have a nuclear option, political precedence, and even richard nixon didn't do this. she could pardon herself. again, i don't know how there would be a reaction, i think there would be extreme reaction on the part of republicans,

would that be a basis to impeach her? probably not, but it would be a basis to evade, to evade, avoid and shun her as if she were irrelevant. stuart: so the likelihood of saying president-elect tim kaine is unlikely? >> unlikely. stuart: am i using too extreme language, constitutional crisis, legitimacy-- >> i don't think see with constitutional crisis, if she gets gets the 270 electoral votes she will be the president of the united states no matter what the fbi has in their hands. and the statute of limitation we hold in abeyance, the ticking of the clock would not hold it and in four years or eight years. >> it seems that huma abedin

has not lawyered up and was not travelling. her legal position is ten use? >> extremely so, some of the information that he is come to us over the weekend, the fbi believes that she may have lied to the fbi by not telling them about this treasure trove. now, donald trump said 650,000 e-mails this is the motherload. these are not necessarily hillary's e-mails. this is e-mails that mrs. abideen forwarded to herself from her state e-mail account and from the clinton e-mail account because she said it was easier to print them off of her yahoo! account. i can understand that and the 650,000 also include her husband's e-mails. this is ten years of husband and wife e-mail, some of it is what the fbi was looking for about her husband and much of it is not. stuart: if any of it is those 33,000 e-mails that hillary clinton said she deleted because they were entirely personal about yoga and wedding plans, if any of that shows up, hillary could be toast.

>> only if it turns out that she deleted truly governmental e-mails. if it is what she says it is, i deleted e-mails about yoga, if that shows up that's not going to cause her to be toast. but if there is something that would implicate national security, implicate a criminal conspiracy, information from the fbi, then there would be very, very serious problems until that pardon arrives. >> or for president obama. he's still the sitting president until january, he could say you're okay, you're out of here. >> yes, he could. stuart: judge, come back soon, there's a lot to go on. appreciate it. take a look the a the markets, let's check it out first, oil $48 a barrel and falling today. that has not had much impact on the market. take a look at this. this is from friday, you can clearly see where the fbi announcement broke on the market and stocks went straight down.

there was something of a recovery, i got that, but that announcement really hurt the market. where are we going to open today? ever so slightly higher. up about 20 points, that's where we are. ash, e-mack, first, ash, i thought i was walking into a market that would be sharply lower this morning and i'm wrong. why am i wrong? >> a great deal of uncertainty with the announcement from the fbi, however, i think the market still believes hillary clinton will win. the polls may tighten up, but on the electoral vote she has a huge lead and i think the market is looking at this, what has been the market, the u.s. dollar came off a little bit and those technical things, overall uncertainty is the rule, but we're not going to see a big sell off yet. stuart: a split decision, hillary wins and republican congress liz: we're moving to cash like we haven't seen, they're worried about a trade war and banking crisis in europe. stuart: this morning they're not

liz: hang on. apple and amazon, off and they're worried about certain elements of the market. stuart: that's what we're worried about, why are we up? liz: we're up slightly because they fear the fear trade is not that much of a play even though treasuries are up. stuart: we've got a few hours to go. the democrats were praising james comey for not prosecuting hillary and harry reid says he cou could have dn, nancy pelosi says she wants a landslide victory to wash it out. it seems that james comey wouldn't have done what he did unless he got something really, really big in his quiver. >> we've learned that the new york fbi agents had-- were looking at this for weeks, it's not as though they just

found it and they just moved. that's important. so they clearly found something they felt was pertinent as he said in the original letter his investigation. and at the same time, he acteded as if it might influence the election. keep in mind not doing something is an action as well. if you think one way or another it's an action. what would i normally do under a normal circumstance, when he said in his letter also to his staff and to the congress that look, i've told you before this is over. it clearly now is not and you should know that it's not. so for hillary clinton and this is ultimately what happens, you can only deceive everyone for a short period of time. i mean, eventually it will come out. this is inevitable and i think that they certainly are in a lot of trouble, but keep in mind, also, the clintons always blamed the messenger, they want this to be a story about james comey not about her and that's what they're working hard on. stuart: and those polls are really, really tightening, real clear politics polls, she's only up 2.4 and that does not

fully reflect the weekend. >> even before, with the millennials were leaving her. we have a poll of millennials leaving her before this and then of course, over 30% of likely voters saying now this affects them and that's only at one day. so we already saw the trajectory to mr. trump. this will continue, i think. stuart: a week ago they thought they were over. >> a dramatic tightening in the abc poll. a loss of double digits by hillary clinton. stuart: and i think trump came up 10 points. >> 11. stuart: 11 points in five days, was it, something like that. >> that was pre this event. stuart: look at this, democrats woke up to this a pile of manure dumped outside the democr democrat's headquarters. >> at least it's dry. stuart: 50 feet long and high. and the big news of the day. hillary's campaign is reeling, democrats scrambling and the

fbi reopens the e-mail case. polls this monday morning show trump narrowing the gap with hillary big time. wait until you hear joe biden's reaction to the news of anthony wein weiner's link to the case. the world series continues. our special today is the seared ahi tuna, and i'll be right back to take your order. thank you. thanks. don't you hate that? when they don't tell you how much something costs? and you have to ask? right. i do. maybe that's why i always make sure to... ..."bring up the costs associated with your services." i know. hey, i'm nothing if not predictable. lemme guess, the salmon? being transparent about our costs. it's a big deal. and it's how edward jones makes sense of investing.

>> we thought you'd like to know the world series would continue. the cubs won and there will be game six in cleveland. the indians one win away from first theirs world series title in 71 years. it's official, ge combining its oil and gas business with that of baker hughes. baker hughes stock is going up a couple of bucks this morning. general electric, where are they going to be? most people own a small piece of ge, whether you know it or not through a mutual fund. that's dead flat right around 29. now this, clinton's campaign

manager robert mook playing on defense on sunday with chris wallace, watch this. >> we were very surprised by this letter and what we're asking at this point is the director comey just get all the information out on the table, all of it, so that the american people can judge for themselves. director comey owes it to the american people, releasing this just a matter of days before the election, to provide all the information. stuart: that's interesting. robbie mook says in public, yes, get it all out there. does he really want it all out there? sirius xm patriot host is with us. >> he says it, no it won't come out there. he's talking about the legal angle. the fact is the political damage here is significant. stuart: precisely. >> trump has gained and these polls aren't in post announcement on friday. trump has been gaining points across the board on them. by this coming thursday when we see the polls before the

election, we could see a deadlocked race. stuart: we've got real clear politics and they're down to a lead for hillary now as of this monday morning at 8:00 eastern this morning, it was 2.4. that was-- >> right. stuart: her lead over him. it was seven points a week ago. >> and the polls have been all over the place and polls can be wrong. 12 points here, 4 points here. ibb tip they do pretty good polling had trump up by 2%. the fact is the battle ground states is where this closes. untrustworthy factor, we have the modern day mehta-- they're making a legal crime family, making it legal to do what you and i couldn't do. stuart: are you going out on your radio show and going out there, you know, trump could easily win this thing? >> i wouldn't say easily, but i think he could win it if he closes florida, florida is key, that's changing for him.

and ohio and pennsylvania, watch pennsylvan stuart: okay. so, it's still a-- is it a possibility or a probability? i'm trying to pin you down. >> i would go with probability. i think that probability of statistics matters here and moving in his direction. >> it was a possibility, it's moved into probability. hillary is not going to texas anymore and trump is going to colorado and new mexico. >> and nevada. stuart: liz, come on back in. you were skeptical this morning, is it a possibility or probability that trump wins liz: it is a high possibility. although she is turning certain states toward democrat, arizona possibly utah, but he does have a path to victory and the down ballot, i hate that term, races have more compelling case to make if you're republican to be elected given what happened over the weekend. ashley: donald trump had huge momentum before this big revelation came out and i'm interested to see the polls beyond the revelation from the fbi because i think it's fascinating and i think he has all the momentum. stuart: last word, david.

>> last word on politics, you can get a diamond out of the pressure in this election. stuart: a good one. who would have ever thought. david webb, good to see you. appreciate it. we have a wikileaks revelation that links the man seen in this undercover video, bob cramer, with clinton campaign manager robbie mook, admitting to paying people at trump rallies. mook says, oh, i don't know him. we have evidence that he does next. hey gary, what'd you got here? this bad boy is a mobile trading desk so that i can take my trading platform wherever i go. you know that thinkorswim seamlessly syncs across all your devices, right? oh, so my custom studies will go with me? anywhere you want to go!

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liberty stands with you™. liberty mutual insurance. >> amazon took a big hit last week, punished by wall street after losing the expectations game. slightly higher open this morning, that's about 780, but way below 800 bucks. the latest wikileak revelations over the weekend included an e-mail that links bob cramer, seen in this video inciting violence at trump rallies, with hillary clinton's campaign manager robbie mook. however, here is an e-mail from one progressive to another progressive about the campaign. e-mail reads i just want today pass along this note i sent to bob cramer, who as you know is consulting with the dnc and robbie mook. and mook went on and said he's

never been a part of the campaign, he flat-out lied. tammy bruce, have we gone too far? >> we can dove tail those with the project veritas video and where they're breaking campaign laws. transition is high up. like attracts like. dark arts and messing around with people. so of course you're going to get people who behave in that same manner. this is the problem when the top of the fish is as rotten as it is in clinton land. you're going to get the rest of the fish is going to be stinky as well. wait a minute, top of the fish? robert cramer was in the white house, he visited the white house 342 times. >> this is the democrat party. it's barack obama is the leader of the party and hillary is supposed to have the baton

passed to her, these are the minions underneath. this is what americans call the swamp. so now for donald trump to be moving on the issue of draining the swamp this couldn't be a better example. maria:. stuart: he leads the audience and when he-- drain the-- he asks the audience to fill in the blank. >> it used to be who is going to pay for the wall, they'd yell mexico and now it's the swamp. >> and chaos and anarchy. >> baiting. >> and hillary would turn around and say, trump was inciting violence and it was mr. cramer. ashley: did you ever watch house of cards? his character was mr. stamper, kevin spacey. >> mr. mook is in over his head, i think it's safe to say. stuart: look what we've got for you the rest of the show, a whole lot going on. billionaire tech investor peter thiel is going to make a speech, explain why he's backing donald trump.

i say this man is a missionary in silicon valley. we're moments away from the opening bell. and stocks after a giant political scandal, that broke over the weekend and yet, we're going to open kind of flat. go figure this out, we certainly will. back in a moment.

>> now we're going to open ever so slightly lower in about 10 seconds' time. i'm intrigued by that. an of a weekend of bombshell political news i was expecting more of a movement on the market. it doesn't look like i'm going to get it. bang! here we go, we're off and running, up 15, up 17. green on the left-hand-- up 18. oh. that's hardly a-- all right, we're 24 points. okay. up 27 points liz: you'll take it. stuart: i'm prepared to accept a 27 point game. ashley: sold. stuart: how about the price of oil, still around 48-- no, 47.92 as we speak. monday morning, who have we got? ashley webster, elizabeth mcdonald, keith fitz, they're all here today. the market reaction to the fbi announcement. around the block. keith you first.

i thought the market would sell off big time. why did it not? >> this is a good thing, stuart, because it's proof positive that nobody's given up. i think there's a sense amongst traders that things are going to get swept under the carpet yet again. remember who these people are. they have to take risk and keep the money moving. this is one of the few areas where investors have an advantage over wall street on a day like today. stuart: scott, what do you make of this. a higher opening on a market after a day and a weekend of political turmoil. >> as big as the turmoil is, we've got our other things to worry about, bank of japan, bank of england, a fed rate decision and jobs the end of the week. the market is smart. focusing on four things rather than the garbage we saw all weekend. stuart: garbage. [laughter] it's not garbage, this is our country's future. i think the market is saying it's a split decision. hillary may win, but held in check by scandal and a republican congress.

go back to you, keith, what do you say? >> i'm with you on that, stuart. i think that's an accurate assessment. stuart: elizabeth, a little, no, kind of quiet and rattled about the market and the election. what do you say? a split decision, hillary wins, kept in check by scandal, and by republican congress, the market likes it liz: i think the economy would be frozen. i think a hillary presidency would be more corruption investigations and it would be a crisis in congress, a crisis in government, and the economy would still go nowhere. stuart: it wasn't much of a gain. now it's just down to 2 points. anything to add, ash. ashley: only with donald trump ultimately i think great for the economy, but there's uncertainty in the short-term and that's why hillary is a safe bet. stuart: here is another item no doubt on the mind of investors. 300 billion dollars worth of deals in one month. that would be october. i think that's the biggest month ever. ashley: you've got corporations with a ton of cash sitting around. you've got incredibly low

interest rates and borrow money for virtually nothing and it's very hard in this economy to get any organic growth. what do you do? you buy growth and buy other companies in order to grow and that's what we're seeing. two of the deals, at&t, time warner, and that accounts for 2400 billion alone just those two deals. how many get through the anti-trust regulators. stuart: and get through after the election? >> exactly. stuart: i don't know. how about one of those big deals, let me tell you about that, ge gting together with baker hughes. baker hughes is obviously up a couple of bucks and ge the story liz: i wonder if it's calling the bottom of oil prices. the count and the well drilling activity and the well counts have been cut in half since last year. so, you know, ge has been quietly investing in oil and gas, $14 billion since 2007. and baker hughes stock, you watch the action in that at 2013 lows. so, does this mean oil prices will go up?

did ge just call the bottom on oil prices with the deal? >> that's a very good idea. maybe ge is saying, that's it it's not much below 40, 45 a barrel. good point. how about amazon, cover it every day, of course. the stock was punished last week and it missed expectations and i ranted about that on friday or thursday. and would you buy it at 783 at the depressed levels, keith fitz? >> no, i wouldn't have any problem recommending amazon here. they singlehandedly redefined the retail space and they haven't begun to hit their stride. i wouldn't have any problems. stuart: and scott, would you-- >> yeah. stuart: vigorous opinion on that. >> no, i knew you were going to come to me. i can't help, but say i agree with keith on that. i really do. i'more focused on aws, amazon

web services, and upwards of 40% of the world's internet traffic goes through their servers, that's so big on top of the retail they do. kind of hard not to like them, it really is. stuart: let me get this right. 40% of the world's internet business goes through amazon service with its amazon web services, aws. repeat that, is that accurate? >> they have a hard time measuring and it's between a third and a half. i guess in the middle around 40%. a ton of traffic goes through aws. amazon web services, so, that alone is still huge. on top of that, and the retail aspect, too, they are a behemoth. stuart: check the big board. monday morning, more than a half minute into the session after a weekend of political turmoil and we're absolutely dead flat. up 0.48. let's go through the big tech names which we check so frequently. alphabet and google, virtually flat. how about microsoft, holding

$60 a share? this morning it is. it's up 37 cents, 60.24. netflix well above 100 a share and ever so slightly lower this morning. that's had a nice rally in the past week. apple, dow per share. now, communications get together. century link buying level three, 25 billion bucks. century link does a lot of local phone service, and level three, that's a fiber optic communications network, probably a good fit. what are the stocks, lauren? >> level three is a communications network with a lot of business customers and they route the traffic and content for netflix and google. no wonder century link wants them. as a result of the deal you're talking about, $300 billion in deals, and here is another one. century link shares are down, this morning. and level three communications down 1/2 of 1% and they're both lower on this and obviously, they need to team up to better

compete with the industry behemoth, at&t and verizon. stuart. >> thank you, at the exchange, appreciate that. take a look at tesla, debuting new solar roof tiles. on the roof of your home. >> tiles. >> not the giant panels that sit on the roof, but actual tiles that convert into solar power. they would take solar power. and in four styles, including glass, interesting on a roof, but took into what they call the big electric power wall that they're building at that big factory in nevada that sits on the side of the house. so you take the sun sensor into the battery and in theory power the house, so, these tiles, no price given, we know the big battery on the side of the house is going to be about $5500. this is all part of the solar city deal that tesla still has yet to formalize with solar city later. stuart: the stock is holding at

$200 a pop. ashley: ultimately a battery company you say tesla. stuart: all right, ash, thanks. ashley: sure. stuart: venture capitalist peter thiel, the co-founder of paypal, a very wealthy guy. he's going to hold a news conference today to discuss why he is voting for donald trump. what's this all about liz: he says he has to focus on policy. the country is in an urgency is and is for policies. set aside the accusers. and with the country with no growth. he's an openly gay trump delegate. you know, despite the fact that the g.o.p. platform has very anti-gay things in there like reparative therapy which nobody believes works and gay people are born the way they are and science has basically proven that. the gay people what the republican party said in the platform is antethema and

silicon valley not liking. stuart: you went off on a tangent there. >> giving you the information. stuart: about the only big time tech guy, big time for trump and he's going to press his case today. i find that fascinatinfascinati. stuart: and unless the dow finishing up 150 points today. got to rise 150, if it doesn't, it's going to be three straight losing months for the dow. that would be the first time that's happened, i think, in five years. keith, does that tell you anything about the state of the market this october? >> well, i don't know about the state of the market, stuart, but it tells me something about the state of the government because anybody who says we've got a government multiplier and let's spend a few trillion dollars and have a good time doing it, this is proof positive that doesn't work. you've got to back government away so the market can do what it wants to do. that, to me, is the real key take away.

>> what do you take away from it, scott. less than 150 today, is the three months down worse in five years. >> i think that's right, to the state of the government. and also the state of the economy. remember, we were at 10% down to 5% unemployment. stuart: bingo. >> while the economy is shrinking, it's not working out. we're not making it, our gdp is embarrassing 2% or below, that's what it's telling me. we need to get government out, keith is right. but we have to help grow ourselves out of it. stuart: keith, i want to close with one last question for you, for the everyday, ordinary investor is there more downside risk in holding onto stocks now than there is upside potential? >> no. and that's a really critical point. here is the thing. it's always a feel-good thing to run to the sidelines, but history shows beyond any shadow of a doubt that it's more expensive to miss upside than it is to miss the down side because you don't have the

growth if you run to the sidelines. stuart: it's fascinating. i know an awful lot of people i know, should i get out at least of half of what i have, should i do that? a lot of people asking me that, asking me all the time. we're out of time though. keith and scott, great stuff on a monday morning. appreciate you being with us. thank you. the market dead flat, 6 points up, that's all. we are talking constitutional crisis on the show today. this latest fbi revelation could have real implications for the election, obviously, it will. former government mike huckabee on that coming up next. and in our next hour. trump campaign manager kelly anne conway is with us. wikileaks promming another october surprise. here is the thing. is there anything that republicans should-- ♪

>> here we go. and breaking thick and fast. more leaked e-mails, this time from john podesta clinton's campaign manager. is this with the king of moracco. ashley: it is, back to 2015, more than a year and a half ago. it says, moracco is a flat-out problem for hillary clinton's campaign a wall street journal came out at the time which talked about the clinton foundation, awash in foreign money. as you can see right here. this is why moracco will be such a problem. more of this the first week she's out selling her story. in other words, you're stepping all over hillary clinton's message before she's even launched her campaign. stuart: this is not gossip within the campaign. ashley: no. stuart: this is out and out

fighting about who did what and how we're going to deal with it. ashley: don't let us forget that robbie mook told chris wallace several sundays ago that morocco was a scheduling problem and nothing more. and john podesta flat-out saying, no, ins a huge problem. massive amount. $12 million flowing into the clinton foundation. this will step all over hillary's campaign so they were aware. stuart: podesta is the chair of the campaign and robbie mook. >> it should be noted huma abedin said she created this mess and she knows it, the king of morocco. she said that about hillary clinton. what a mess, what a mess. check the big board, flat and going side ways. 18,154 this monday morning. back to what i'm calling, what could be developing here, as a constitutional crisis. i think that's what we're

looking at here. the fbi has new evidence in the investigation of hillary, we don't know the specifics, we may not find out until after the vote and that could be a problem. governor mike huckabee is with us now. i don't think i'm going too far by saying that this is not going to be resolved. we're not going to find out what the evidence is before the election and if we go ahead and elect hillary as the president, we have a significant constitutional crisis thereafter. am i on the right track? >> yes and no. you are if the players don't behave well. but here is the fact. the constitution provides for all of this to be handled, but it requires people to be on the up and up. it requires everyone in the justice department, it requires that congress play its role as check and balance. we've got a very lame republican congress that has not provided the role of check and balance so far. if it starts doing that, and if the justice department is depoliticized and no longer is

under the control of politics rather than principle, you know, the constitution will handle it. but, stuart, we have a constitutional crisis because we have a politicized justice department. you have an attorney general that's spiking the investigation. you have a fbi director trying to salvage his career by the mutiny in his agency saying, yeah, we'll investigate what we should have done before. that's the crisis. stuart: donald trump says it's worse than watergate. what do you say to that? >> in many ways it is because you know, what we have here is not just an incident and the coverup, we have a systemic attempt to shake down foreign governments for money that goes into a foundation that enriches a political candidate and in turn between she and her husband and her daughter do favors for a foreign government and compromises the integrity of the united states government. this is huge, you have people who are under investigation,

who have documents that are under subpoena, who destroy that body of documents, who lie to congress, who lie to th american people and while other people, including very decorated generals like general wane write and petraeus are either disgraced in their career or potentially going to prison and the big house, you've got hillary moving toward the white housement yes, that's a problem. stuart: i'm shaking my head and i'm just wondering, america has come to this. it has come to this. this is where our country is eight days before an election. to say one is shocked is irrelevant. the point is we're at that point where we're discussing this kind of thing on a financial program on a monday morning. i find it astonishing, i really do. >> well, it is astonishing, but again, the reason it is is because we have players who aren't playing their role correctly. when everybody lives under the same rule of law and there's equal protection and the guy who pushes a broom on a

concrete floor as the same protection of justice as does a candidate for the presidency. america is a magnificent amazing country, but when there's a double standard and sometimes i think it's fair to say that if hillary and her cronies didn't have double standards they wouldn't have any standards at all, but when they are playing by a different set of rules, not being held accountable, when the people at the top of the heap don't play by the same rules that the people at the middle or bottom play, we have a real crisis. this election is not so much about donald trump and hillary clinton, it's about whether or not we are going to preserve this great republic and the entig integrity of our constitution and the law. stuart: well said, governor huckabee. >> thank you, stu. stuart: i want to read this to you, an intelligence stores based on the meta data review, a virtual certainty that new records are on the computer and

likely contain classified information. that's happening this monday morning, folks. the dow jones industrial average. and now, this vice-president joe biden reacting to anthony wein weiner's involvement in the e-mails. >> the viep saying he doesn't like anthony weiner, and he never did. you'll hear in a moment. ♪

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the rest is up to you. call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ >> i want to repeat what is dynamite breaking news from the anthony weiner developments. an intelligence source tells fox based on the data seized from anthony weiner's laptop, it appears, quote, a virtual certainty that new records are on the computer and likely contain classified information. that's poison for hillary clinton's campaign. backtrack a little. joe biden looked uncomfortable when cnn asked him about anthony weiner. >> i don't know where this e-mails, where the e-mails came from. >> apparently anthony weiner.

>> well, oh, god. anthony weiner, i should not comment on anthony weiner, i'm not a big fan and i wasn't before he got in trouble so i shouldn't comment on anthony weiner. stuart: and didn't really want anthony to surface at this point in the election campaign liz: they did not, but they knew he was a problem for years and joe biden all of a sudden saying i'm not a fan. where were you when this has been going on for so long with anthony weiner. this has been years in the making and it's astonishing, you rarely see a politician caught out fresh like that on camera with a fresh reaction. stuart: almost funny, actually. over the weekend, wikileaks teased their next batch of revelations. here is the quote, we commenced phase three of our u.s. election coverage next week. okay, does thamean this is the best to the last. ashley: it's all very cryptic, but certainly a warning to

politicians watch out, another document dump is coming and it could be interesting. of course, the democrats immediately respond and say, why aren't we looking at the russian links behind this and in other words, russia supporting donald trump. that's their standard defense to this. stuart: on so many fronts the democrats in the campaign is up against the wall. the foundation, wikileaks, and now the anthony weiner stuff. ashley: huma abedin. stuart: as we're saying new revelations on the fbi investigation into hillary. fbi sources telling fox business that anthony weiner may be cooperating with the feds. that's a big deal. hour two, can't wait, two minutes away.

>> anthony weiner is back, he's the disgraced former congressman who is now involved in a new sexting scandal, this one involves an underage girl. here is the recently estranged husband of huma abedin, hillary clinton's closest aide.

the fbi has taken his laptop. they have a warrant to search it. that search and what it discovers is the center piece of the reopening of the fbi's clinton e-mail probe. a government source now confirms to fox that metadata on the computer turned up hits clinton e-mails. a certainty that new records are on that computer and likely contain classified information. hillary may have a very big problem and so, too, does the electoral process because the mystery will not be solved before the vote, that's highly unlikely, it hangs over the election results and whomsoever is the president-elect. the democrats thought they were done with the e-mails and done with anthony weiner and they are not. frankly, it's their own foot. hillary's poor judgment is the root cause of it all.

minutes from now our charlie gasparino has more on weiner and the legal leverage he has. can you believe it? anthony weiner is back? the send hour of "varney & company" is about to begin. ♪ >> i want to get straight to charlie gasparino who is our special guest this morning in our 10:00 hour. you believe that weiner has legal leverage over hillary? >> let's put it this way, weiner is-- depending on what they find, if they-- >> virtual certainty. >> take that back, the leverage on weiner. they have some sexting with underage girl and find that she sent him pictures of herself which could be construed as child pornography because she's underage, if that's the case, then it becomes a very good chance that anthony weiner is

staring at four years in jail. here is what we're hearing, or five. forgive me for not knowing how long-- >> jail time is a threat for him. therefore, he could do what. >> law enforcement sources, people close to the fbi believe he may be a cooperating witness on this. we should point out on the case against hillary his lawyer told fox business that there is no cooperating agreement in place right now, but we do know he's handed over his laptop, he's cooperating in that sense and they believe, people inside the fbi, that he's open to a cooperation deal. now, what could he basically tell them? we don't know, but we know this, and here is the interesting thing about anthony weiner, he had a laptop, right? his wife used that laptop. so, he was able to see on that laptop confidential, top secret government information and e-mails. anthony weiner was let into that-- was let into that box because he and his wife shared that

together. he can provide them essentially with that missing notion of intent. what did hillary clinton know about sending those e-mails to humma. what did humma say about receiving those e-mails from hillary. did they show gross negligence not keeping this in a tighter circle. that's the whole thing. no doubt that hillary clinton violated acts using a private server and e-mails exclusively for government business and documents. the question does she reach the gross negligence bar that comey set initially. and he might be able to bridge that gap, what i hear from sources. stuart: i don't want to interrupt you, but i want to get-- he could cut a deal, his people, gives the authorities what they want, the dirt on hillary, intent. >> what were-- for gross negligence. here is the thing, do you really want anthony weiner,

whether it's before or after this latest sexting scandal, to have access to top secret classified information? do you? should he ever? why did his wife allow him to do that? did she have gross negligence in allowing him to do that? an and did hillary clinton have any idea he was in that circle. that's what law enforcement officials say he could provide and if he does, that's a trouble-- one other point. a friend of mine worked with anthony weiner at a public relations firm not before anthony weiner left. his laptop was brought with him at the public relations firm. the laptop was there and anybody could have opened that laptop and probably got into it and seen government top secret information because people walking around the office, his door was open. that's how lax the clintons and the weiners and huma abedin

were with this information. stuart: two quick points to support your story, the theory here. huma abedin was absent from the campaign trail. she's normally at hillary's side, saturday and sunday. as this firestorm broke she was absent. second point, hillary clinton mentioned it addressed this issue around lunchtime on saturday and then said, absolutely nothing else from there on out. >> well, they know that this could be potentially a big thing. listen, i can only tell you i know law enforcement people at the fbi believe they can strike a deal with weiner depending what they find and what they charge him with. they believe they can do that. we do know by, from his lawyer, no official cooperation agreement is there right now, but stay tuned. we'll find out more. stuart: and we've broken this morning that fox found out it's virtual certainty that new records are on weiner's computer and that they likely contain classified-- >> think about that. he brought that computer to his job.

it was open for anybody to take and look at if they wanted to. stuart: by the way. in the makeup room this morning, i met the mother of a young sailor who took a picture inside a nuclear sub and he's now in prison. >> i know, think about that. stuart: because he got that information, didn't intend to do anything with it and put it on his personal computer. >> did we live in a banana republic or a country of laws. stuart: exactly, exactly, what has happened to our country, that eight days to the election. >> it's james comey's fault he should have indicted her in july. and democrats should have a candidate in place and not someone who could be impeached, and she-- >> go nowhere this monday morning. down 18, 151. oil, 47.88 not good news for the market and oil down this

morning. back to the hillary clinton e-mail scandal. look at the headline wall street journal, fbi internal feud over hillary clinton probe. lt. colonel allen west is with us. i have to go back to the original point. james comey would not have reopened this, he would not have opened up this firestorm if he didn't have something pretty big in the e-mails which he's got from weiner's server, laptop. it has to be a very big deal that he's got or he wouldn't have done this. am i right? >> oh, you're absolutely right. it's good to be with you, stuart. let's go even further back. none of us would be talking about this, none of this would be happening if you did not have the former secretary of state who had an unauthorized private e-mail server, and i think that's the most important thing that we have to realize. this was brought upon herself.

secretary clinton and also huma abedin and the other corrupt individuals that we see happening. but when we talk about the fbi, i'd like to use a battle from vietnam as an example, the battle of hamburger hill when the 101st airborne division was told to take a hill and they call it hamburger hill because it grinds them down. after they took the hill their leadership told them it had no strategic or operational significance whatsoever. think about the rank and file, everyday foot soldiers of the fbi out there doing yeoman's work to develop this case and this investigation, they had everything done right, and they saw their leadership sell them out, to include a department of justice attorney general who was meeting with the former president of the united states of america, whose wife was under investigation. stuart: i just don't see how this -- i don't see what's going to happen here. we're in an election process, eight days away, we have bombshell political news

breaking like this. i don't know how -- what happens in this election. if hillary clinton wins, then what happens with this thing hanging over us all? what happens here? >> well, stuart, it's very simple, it's up to the american people whether or not we want to have a constitutional republic that's about honor integrity and character in our elected officials or if we're going to institutionalize criminal behavior in the highest office in the land. that's the decision we have to make. irregardless of the time before an election cycle. there was wrongdoing here, we need to set it right and you just talked about the mother of that sailor who took six pictures in a classified area after nuclear submarine. he's in jail. and also you guys need to look up jason bresler to sent a classified e-mail to warn marines about a taliban police officer and guess what ended up happening because they did not pay attention to his e-mail, three marines were killed. they put jason bresler out of the marine corps.

yet, we have someone on the verge of becoming the next commander-in-chief. stuart: it's an astonishing situation, nobody could have foresaw on a monday morning, you and i could have been talking about this, here we are, that's what we're doing. we're sort of time and i know you are, too, much obliged liz: to charlie gasparino's point. james comey was heavily criticized by law enforcement writing into the statute something about gross negligence, something that let hillary off the hook. he said she was extremely careless and didn't-- intent is not in there. you're supposed to be in custody, the nation's secret, and under scores to safeguard the nation's secret. you don't have to have intent and comey changed it there and made people angry. stuart: i want to see the first full scale polls.

ashley: me, too. stuart: which reflect what happened over the weekend, and that's highly instructive where this country is going. got it. check out the big board, dead flat today. i guess you could call it uncertainty. we're down 8 points, 18,152. we're on the big story of the day, the bombshell from the ib if -- from the fbi, this story is the know going away. if hillary clinton does win the election, could we face a constitutional crisis? we're only eight days away from the vote.

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>> now, if you're expecting a market reaction to the political to your-- turmoil, amazon is abandoning back nicely, 786 is the price right announcement. it's up 9 bucks. lumber liquidators, oh, dear, they've lost a lot of money, down 12%.

that's the floor people. lumber liquidators. now this, next hour, billionaire peter thiel, trump supporter, will defend his decision to support the trump campaign. peter thiel of course is the founder of paypal. big time guy in silicon valley and stands out a mile because everybody else is for hillary clinton in silicon valley. . ashley: he's, boy, a missionary in the silicon valley trying to carry the trump message. he says the millions of people who vote for trump are not doing about the worst things he said or did. it's about what he stands for and the state of the country and he has been under a tremendous amount of scorn and ridiculement -- ridicule. described as fueling racism, sexual assault, violence and tyranny all by himself because he's supported trump and donated 1 and a 1/4 million dollars. the detractors have spent tens

of millions on the hillary campaign. he says put that aside, i want to talk and a question and answer session to address the issues. stuart:s man is back on trump policies, growth. we'll run it if we can. the speculation over the weekend, it's not going to be resolved by the election. what happens if hillary clinton wins the election with all of this hanging over us. congressman louie gohmert is sitting next to me. >> it's great to be with you, stuart. stuart: i've been saying thises a constitutional crisis if hillary wins with a cloud over everything. and you say? >> i say it's a constitutional crisis. the only thing that will keep it from going full-blown is the fact that the justice department has become the just us department. they will cover for hillary.

there is no way this loretta lynch justice department would ever prosecute hillary, but, you know, there have been allegations, reid and somebody else, about hatch act violations and comey coming out. stuart, i'm telling you, if comey had not finally come out and said, yeah, we are having to reopen the investigation, that would have been a violation of the hatch act because when he refused to reopen the investigation all of the summer and up until now, he was affecting the election. all of this devastating evidence was coming forward. evidence of intent, all of these things were coming out and he wouldn't-- he finally had no choice because if he had sat on this when this information came out after the election, there would be people calling to get rid of the fbi, too untrustworthy. stuart: our constitution is good enough to take care of and take account of this kind of development so we're not going to break with the constitution,

but if hillary clinton is elected next week on the-- and we've got all of this, the legitimacy of her presidency, is that not called into questi question. >> absolutely, and the country is in so much jeopardy. just take this thing with huma abedin. okay, so she was sharing a laptop with her husband, disgraced congressman, some would say outright pervert, actually if she had top secret or classified material on that laptop, actually she violated the law to share that on a laptop with weiner. he is subject to being black mailed with all of his sexting and i hear people saying he couldn't-- fbi can't possibly get through the 650,000 e-mails. yeah, most of those will be sexting pictures, they can breeze right through those and get right to the serious ones.

so anyway, you look at how vulnerable that whole chain is. he's vulnerable to blackmail, that means she's vulnerable and weiner can blackmail here and then if she can be blackmailed, she's the close e-person to hillary clinton. i mean, this country is in severe danger if this lady gets elected. there will be sheer chaos. i'm going to digress to the state of texas. we have some-- >> that's never a digress. stuart: i'm sorry i said that. take it all back. okay. there are some who say that texas is now in play. that it's not solidly republican. and pause for a moment and listen to what donald trump said about that, roll it. >> there was a great guy on television that i have to tell you about him, his name was sid miller from texas he said, you know, in texas i kept reading where we're even. he said, trump is going to win by massive numbers bigger than anyone has ever seen so i don't know what you people are

talking about on television, where they're saying the vote in texas is going to be very close. he said i don't know what you people are talking about, you must be talking about a different texas than the one i'm from. stuart: you want to put a capper on that one. >> yeah, anybody that believes that texas is in play would have to believe that anthony weiner is not a pervert. stuart: ooh, okay. a pleasure having you in new york. >> love being with you, stuart. stuart: thank you. check out the big board, no yes about it, this is a go nowhere market. maybe the market is pausing to see what the political turmoil is, we're down 2 points. donald trump is closing the gap in the polls. we have breaking developments, anthony weiner's laptop seized by the feds, there's likely classified information on it. the polls, the information, the laptop, all of it next.

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public wifi for your customers. private wifi for your business. strong and secure. good for a door. and a network. comcast business. built for security. built for business. >> florida is a must-win state. governor mike pence has been there today. clinton and trump there last week. and in tampa, adam is where the early voting is. >> who is leading early voting. state-wide simply democrats are leading overall, but not by a lot. when you break it down, it depends where you are in the state. so let's give you the numbers state-wide and talk about what's happening here in hillsbury county. in votes by mail, these are the ballots which have been coming in for several weeks, republicans are leading by about 91,000.

852,772 ballots. >> democrats 761,698 ballots. now, let's talk about the actual get on your feet go to the polling station numbers. republicans are at a sfit compared to democrats. democrats have gone to polling places since they opened and 24th of act. and democrats 739,110. so, roughly, republicans have a slight overall lead in total vets that have been cast. this doesn't begin to account for the unaffiliated voters who are also turning out. quick, i'm going to have the camera pan over in hillsboro county. the busiest polling station so far of the 16 early polling stations in the tampa area. they have 16 open. this one, the bloomingdale library branch, it's going to get hotter as we go forward, stuart. back to you. stuart: yes, it is, thank you, good report. thank you, it's close and that's without taking

considerations weekend events and it's astonishing. that's politics and we do money as well. this is the state of the market. a lot of green up there. i'd say half and half and up and down. we can't count out wikileaks, julian assange launching what he calls phase three of the intrusion. are we ready for another october surprise? we're all over that, obviously. plus, the fbi reopening the investigation into hillary's e-mails. make no mistakes, this is poison for her campaign. the pursuit of healthier.

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it is down nearly 3%. they have a downgrade from bank of america. down the go. offer 3%. look at real clear politics. it's an average of polls. clinton leads by just 2.4 points. hillary clinton was up by six last week. pack hotel is with us. welcome back. good to see you. i think you believe that this paul when they factor in the weekend developments will shift quite dramatically. i think they were closing last week. they were closing everywhere. as a keep sane. the attitude structure of the voters.

to do what you think your country is not only in the wrong track. you have the numbers where people who believe that we should not continue obama. all of that and i never understood people sane that. those attitudes kick in just as they did in 2014. but the election before this has been hung up on trump. when out moving both to that and now the latest thing. they drive the question of do you want more of the same. as we think about them. i said this last night.

the constitutional crisis that is possible because of this it when people start to factor working to be in this from day one if she is elected it's gonna continue to drop. that is what is so significant about the abc tracking poll. which shows 34% said they were less likely. it's a big number. less likely to vote for. but the tracking polls are having another problem. they can't deal with it. they'd made admit it themselves. they are seen a burst of intere in both voting tension. and now they're getting really screwed up. i believed this by mid week or so. we will begin to see the tide moving in a force and i believe there is a chance i think this could look like 1980.

on different camera different studio kelly in conway welcome to the problem -- welcome to the program. i'm so glad you could join us this morning. this election has taken wild swings from one week to the next this week it has taken a wild swing towards donald trump. but are you planning for what wiki leaks. they could release by the end of the week a bomb shared bombshell shell that hits your campaign. any plans to deal with that. any plans to deal with that. we are equipped with were ones. negative new stories everyday. i will know note that my democratic colleagues did not see that to be very seasoned. we can't do anything about outside forces. we are very focused on donald trump unleashing energy and

creating obama care. they won so many seats in state legislatures and congress in washington. 2010 and 14 based on obama care they couldn't do it in 2012 we are on offense. these polls record last week will before friday's explosive announcement. i said bring in a were in a win the race in regular when it. i know a lot of independents in the middle so to speak a

lot of them say after this weakland revelation they just can't vote for hillary clinton. they're still not sure about voting for donald trump. those are who you need. what are you saying to them. >> my message to those is think about why you have a negative impression. sometimes you don't like something trump said or how we said it but are you in a vote for someone who lies in for a living. hillary clinton is a in the democrats on her. they never should have stepped aside and cleared the field of joe biden all of these other people who could have one they clear the field for her and a new what they were getting. they own her and all of the thoughts that come with her.

the federal investigation in arkansas. all the sudden they show they pop up in the white house on friday afternoon. and then of course she set up this private server that was against the law to begin with. put everybody in a very bad spot. in a very risky choice. i imagine that they are independent. there is no self-respecting independent who can possibly vote for hillary clinton. well donald trump keep up a schedule of at least three rally appearances every single day and where is he can concentrate that x effort. >> he is willing to go to two in three states a day as is

governor pentz. they are keeping this punishing schedule but they're taking the case right to the voters. we just can't take the case right to the people. today he's in michigan. tomorrow i will be in philadelphia, back to the rocky mount states. you will see him in florida iowa. which is very excited about the difference paths that we have. you read all of the stories about the narrow path. and now people are looking really silly putting the champagne back on the shelf. where glad you took time out to be with us today. we do appreciate it. thank you kelly. pat caddell is still with us. i want to go back to 1980. let me set this up. you were there.

you were the poster. right before the election in 1980. after the very last minute. the polls showed jimmy carter winning big time. a couple of days before the election you were the one who broke it to mister carter that know your neck and when. >> after we have a debate which was a big event that i did not want to have on what would be tomorrow. one week before the election. because we had built our entire campaign on keeping the pressure that reagan wasn't qualified. and i had worked up to that point. what happened was once that took place by the end of that then carter came back and tied the race. by saturday the race was even. on sunday carter worked out by five.

let me tell you the significance of this is there had never been a presidential election since we've had pulling that went into the last weekend and came out a landslide. the reason is because once the dam broke on the economy because both candidates although nothing like this year were viewed unfavorably. >> i've been looking at the data. it's 12 or 15% of the elecon. that was before friday. they are against all of the things i said structurally you can see them moving against the status quo. the incumbent was essentially hillary clinton. now in my sense they were in a break and looks like it's been a break. now with the latest information i believe that is the popper. and i think this thing could open up significantly before

it's over. thank you very much. i find it hard to drag myself away from this. here is a sector report. in that line of business. >> was fascinating. this is a $25 billion deal. you can see level three up for a half percent on the news. they want to expand the network. they want to get more business to customers in they do business writing the traffic and delivering the content. >> i will take it. we are down a little bit this morning as of now. you come down a few points. were off at 22 as we speak.

the number over the summer when democrats were singing the praises of the fbi and james comey we are about to play you what they were saying then and wait until you see what they're saying now. i greatly appreciate the work that the fbi and the department of justice did and they handled it very professionally. roller derby. ♪ now give up half of 'em. do i have to? this is a tough financial choice we could face when we retire. but, if we start saving even just 1% more of our annual income... we could keep doing all the things we love. prudential. bring your challenges.

stuart: here's what you must -- you missed last hour. they've been all over the place. and polls can be wrong. they do a pretty good appalling. they had trump up by 2%. the fact is in the battleground state is where it discloses. the untrustworthy factor they were sick of the political class. that's what they are. there running a political crime family. they make it legal to do what they do. >> was going on this. are you going out there and saint trump could i think he could win it.

now we are down 18 points. let's check your money to start with. the price of oil is back to $47 per barrel. down on stocks and literally down on oil too. let's get back to this july. then fbi director the

democrats loved him. >> this is a great man. we are privileged in our country to head him beat him director of the fbi. i will continue to be scrupulous to not commenting on it. my understanding is not only did he make a full presentation but while we were over here he was presented to congress for hours on end. i greatly appreciate the works that the fbi did in the panel that very professionally. zero how times change. if you listen to what people are saying about fbi james comey now it is very different. roll tape. they get all of the information out on the table.

so that the american people can judge for themselves. they all went to the american people releasing this is just a matter of the days before the election to provide all of the information. >> it's pretty strange to put something like that out with such little information right before an election. >> that you've thrown this? let her out letter out and already had to back drop. if to put them all out for the american public to see instead of doing this kind of big? before the election. they have now broken the law. byron york is with us. i just want to throw this into the mix. fox's same that clinton e-mails are on the e-mail computer. and it's highly likely that there are classified e-mails on there as well.

it seems to me that just as we had been on the air the situation is breaking wide open all over again. and they are in serious trouble here. in these cases ultimately the facts of the case determine where this thing goes. and that there were thousands of clinton -related e-mails that went through the private server. it's clearly something we have to look at. there is a possibility that some or many could be duplicates of things that they already had or there is a possibility it could be what donald trump called the mother load. don't know what's there. you are much closer to politics and i am.

they are really strong moves towards donald trump. they were taken and completed before the weekend events. in my right and saint that it's now a very strong trend towards donald trump and he's about to take the lead. if you look at the real clear politics average of polls let's look at the four-way race. and if you go back to the time of this last debate about ten -- 12 days ago. they have the 7.1 in the politics average. it seems virtually insurmountable. much closer. it is moving towards donald trump. and by the way they are not being with hillary been with hillary clinton over the past on saturday.

the campaign says no. she is a trusted advisor. she will stay a trusted advisor. this is a campaign that a few days ago was talking about not just winning the senate but getting a lot stronger in the house explain the -- expanding it. it's clearly in the stage. and just like the rest of us don't know what's can come out of this actual investigation. we won't be back in just a moment. looking for a medicare prescription drug plan

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with one of our lowest monthly premiums and $0 copays for tier 1 prescription drugs when filling at any of the more than 8,000 walgreens nationwide. call unitedhealthcare today to learn more about your prescription drug options and find the plan that's right for you. ♪ stuart: here is what we have you next hour. donald trump closing the gap in the polls. here is a reason my. anthony and their laptops seized by the feds. what we just learned. there is classified information on this computer. and just moments from now they are holding a news conference. he will defend his support of the trump campaign. we will take you there when it happens at the top of the

hour. >> alive report from the swing state of ohio. trump is in the lead. it is a must win state. they provide for all of this to be handled. but it requires people to be on the up and up. it requires everyone in the justice department it requires that congress play its role as a check and balance. we have a very lame republican congress. if it starts doing that. and no longer is under the control of politics rather than principle the constitution will handle it. but we have a constitutional crisis because we have a justice department. they are spiking the investigation. the good fbi director who is trying to salvage his career

by now saying we will investigate but we should've done that before. that is a crisis. >> donald trump said this is worse than watergate. what do you say to that. what you have here is not just an incident in a cover we have a systematic attempt to shake down foreign governments f money that goes into a foundation that enriches a political candidate. with people who are entering desiccation and while other people including very decorated generals. or there potentially going to prison. have hillary moving towards

the white house. yesterday is a problem.

any moment now the billionaire tech investor one of the early backers of facebook he is going to speak at the national press conference in washington. he backs donald trump. the rest of silicon valley backing hillary. we expect him to make the case. and we will be listening and that is coming up. let there be no doubt hillary clinton has created one big mess. in america all of us will pay a hefty price. the director has reopened the investigation of hillary clinton. he did this just days before the election. we now know intelligent sources tell us that the

likely confidential information is on the laptop. they confirm that there are e-mails from hillary on there. if he's prepared to re- enter. plus this is not likely to be resolved before the vote. they will hang over the election. and of course beyond the election also. the nightmare scenario and indictment after hillary wins the presidency. what happens then. clinton pardon. a supreme court challenge. after the year we have already seen you cannot rule out anything. but at the heart of all of this is hillary clinton and

her character of judgment. she mixed her political lies. our third hour is about to begin. >> 650,000 e-mails on the current investigation. this could be the mother load. it was just reported. i would think that they have some really bad months. they will say and do something to detract from the crime and to distract. and to distract from the issues facing our country.

>> the biggest single scandal since watergate. we have a panel here to talk about this. but first the fbi for the hillary e-mail case. it's at the center of it all. we can now report that it is likely. >> it's good to be here. i have to make this point. they would not had reopened the investigation.

when they practice. i think this has some really substantial stuff on it. they love obstruction of justice. they love the perjury. they love violations of the federal exam. all on the table. that's with a what they left on the table. theye never impaneled a grand jury which tells anybody in the fbi that the investigation was not serious. you have no process. >> i know the guy.

it's hard to come out of their and get that off of you. i think the stuff. this is a new york office. the headless investigation. it wasn't the people in washington. is a new york office. i say that because i'm proud of the new york office. i think it was only a matter of time before this information was in a b be in the public domain. and i think it was good to be some blockbuster information mixed in there that's different from all this other stuff. i peter taking the podium now.

listen in place. >> only an outbreak of insanity would seem to account for the unprecedented pact that this year a political outsider managed to win a major party nomination. to the people who are used to influencing our choice of leaders to the wealthy people who give money and the commentators who give reasons why it all seems like a bad dream. donors don't want to find out how and why we got here. they just want to move on, november night they hope everyone else will go back to business as usual. but it is just the heedlessness the temptation to ignore difficult realities indulged in by her our most influential citizens that got us where we are today. a lot of successful people are too proud to admit it since it seems to put their success in question but the truth is no matter how crazy this election seems it is less crazy than

that condition of our country. just look at the generation that supplies most of our leaders the baby boomers are entering retirement in the state of bankruptcy 64 percent of those over the age o had less than a years worth of savings to their name. that is a problem. especially when this is the only country we have to pay up to ten times as much from simple medicines as you pay anywhere else. america's overpriced healthcare system might help subsidize the rest the world. it doesn't help the americans that can't afford it. adding more every year to the $1.3 trillion mountain of debt.

they have become the only country they expect their own lives to be worse than the lives of their parents their incomes have been stagnant. in real dollars it makes less money today than it made 17 years ago. nearly half of americans when it be able to come up with $400 if they needed it for an emergency. yet households struggle to keep up with the challenges of everyday life the government is wasting trillions of dollars of taxpayer money on faraway wars. right now, we are fing five of them. in iraq. syria libya, yemen, and somalia.

now, not everyone is hurting. people are doing just fine. where i work people are doing just great. but most americans don't live by the beltway or the san francisco bay. most americans haven't been part of that prosperity. it shouldn't be surprising to see people vote for bernie sanders or donald trump. it was the only is the only outsider left in the race. very few people who vote for president had ever thought of doing something so extreme as running for president. the people who are run offering -- are often polarizing. they are imperfect people to say the least. i don't agree with everything donald trump has said and done and i don't think the millions of other people voted for him

do either. nobody thinks has comments about women were acceptable. i agree. they were clearly offensive and inappropriate. but i don't think the voters pulled the lever in order to endorse candidates flaws it is not a lack of judgment that leads americans to vote for trump. we are voting for trump because we judge the leadership of our country to have failed. this judgment has been hard to accept it's certainly been hard to accept. where many people have learned to keep quiet if they dissent from the coastal bubble. the louder voices letter voices has sent a message that they did not intend to tolerate the views of one half of the country.

the advocate a magazine which once praised me as a innovator even published an article saying that as of now i am and i quote not a gay man because i don't agree with their politics. the lie behind the buzzword of diversity cannot be made more clear. if you don't conform then you don't count as diverse no matter what your personal backgrounds. faced with such contempt why do voters still support donald trump even if they think the american situation is serious why would they think that trump of all people could make it any better. i think it is because of the big things that trump gets right for example, free trade has not worked out well for all of america. it helps that trump the other

side just doesn't get it. all of our all of our preach free trade. they explained that public policy. we have lost tens of thousands of factories and millions of jobs to foreign trade. the heartland has been devastated. maybe policymakers really believe that nobody loses or maybe they don't worry about it too much because they think they are among the winners. the sheer size of that u.s. trade deficit shows that something has gone badly wrong. the most developed company -- country at the world instead, the united states is importing more than $500 billion every year. that money flows into financial assets. it distorts our economy. in favor of more banking and financial is a should.

but not everyone benefits and the trump voters know it. they are also tired of war. we had been at war for 15 years and we had spent money and more than 2 million people have lost their lives. we haven't one. the bush administration promised that 50 million dollars could bring democracy to iraq. instead with squandered 40 times as much to bring about chaos. even after this. harking back. to the notes flies on. that she enforced.

now hillary clinton has called for a no-fly zone. incredibly, that will be a mistake even more reckless than invading iraq. since most of the planes are russian planes. the proposed course of action would do worse than involve us in a messy civil war. it would risk at the direct nuclear conflict. how can hillary clinton be self wildly overoptimistic. i would suggest that it comes that it comes we may wonder why they're putting them on the screen. the billionaire the only guy in silicon valley who is gung ho for donald trump. that is what he's on the street at the moment. explaining why he has for

trump. all of the problems that america has. and it saying the big things trump gets right. were disk and a just in a pause in the commentary from moment. it seems to me this guy is nailing it. he's telling why people are going for trump. he says look. people don't live in the beltway. they live real lives. and those are the benefiting from the way this country is going. that's right trump supporters want an outside candidate someone who goes for this. a broken system for millenials. money spent on those.

the competitors put up a very frustrating lower third. the one thing they picked on. we get it. everybody gets it. you don't sue but there is also a bigger story out there. and that is what the little guy is saying out there. think of the status quo. they're sick of being shut out. they don't get the rest of the country. peter teal said he does not agree with all of the things that donald trump has said and done. our competitors seized on that one tiny little sentence. i met about him talking about women.

and that he might want to say you don't vote for a candidate and endure the candidates applause. you go to her how to make this country better. you've been listening to this. what your is your point. limit to say this. democrats brought all of this on themselves. they nominated someone who is a criminal basically. and they all know it. you've all known it for years. and that one of these people ever stood up and said that they would rather let the country down the tubes. drugs are investing all of our young people. it's just an epidemic. and when smb cannot stand up. and part ways. sean spicer is with us. the communications director. welcome to the program. this must be merged -- music

to your ears. very much in republicans favor. praising trump frequently in this national broadcast speech. and hillary clinton plane defense. i was having a great week last week two. as we were heading into that tail end of last week we had stories about clinton and their paper plate scans. they were trading often favors for money. we have obama care for the second year in a row reporting double-digit premium increases. we have a great report on an absentee ballot. and then this happened. i've said this before i'd rather go into the closing day with the wind at your back then than facing a headwind.

i feel very good about where were going. and as we see more and more of these polls come out over the next few days. i think you are to see this race really not just tighten but is starting to shift. he is on offense. can he keep it up. seventy years old. peter teal is about to answer questions. i really had to ask you. can donald trump keep this up. he 70 years old. he is making three appearances in three different states. day after day after day. how is he holding up. >> he is holding up great. this is it new. at the pace he's kept for almost a yeaand half. part of it when we go and you see the crowds in the number of supporters that aren't just at a venue butter outside the venue. that is unbelievable to the stamina and it keeps you going.

there is nothing like that to keep you on your toes and want you more. i have to ask you a question. do we face a constitutional crisis in the united states if this whole question as i can be resolved before the election. what happens to our country and our constitution if hillary clinton is the elected president of the united states. if hillary clinton is the elected president of the united states. i'm not thinking that way. it's because i think when you see all of those things work and the things work in a win and second be an issue. trump will be in not graded. i can't think of it as any other way right now. it's not just the rnc spin. the facts are taking us. the facts are taking us. his just been asked are we about to elect a president who is a captain of the titanic. who is a captain of the titanic.

who is a captain of the titanic. i would argue we've been trying that for quite a long time. on the kinds of issues i talked about these various bubble policies. they had been getting around for a long time. it's asleep at the switch. there has been some micro- policy adjustments and then letting the mass of bubbles inflate on their watch. i think there is an argument .

>> it certainly has generated a tremendous amount of discussion gotten a lot of pushback from people to say the least. i think all of those are very we'll intact. are you more privately supporting mister trump. a small number of those people they're happy i've done it. they had been conjured out of this. what are you learning with this election cycle. >> is more polarized than i realized. i certainly part of silicon

valley is fairly liberal and democratic place. i didn't think it was can be most of the larger for taking a position that is held by half the country. there are positions that are beyond. in extreme views. this is the first him and done something that is actually conventional. it didn't feel like that. it's the first time i've done something this big in my life. it's just what half the country believed in.

it really surprised me. have they suffered any blowback because of the position. that would be an even crazier thing. i'm not trump. the companies i invested are not me. you can do two or three or four groups of people like this. it's a really crazy thing to do. perhaps we should occasionally be held responsible to the people with wonder degree of separation from us. it lies with insanity. >> on the convention speech you said it's hard to see where america has gone wrong. do you think they understand

america and what is a source of disconnected there. it has been extremely successful over the last decade or so. but it's been a success that is a success with specific companies. they always want to tell one in which the specific success as individuals or companies get conflated with a story of general success. we are doing well. i had been a critic of twitter where they did.

promise of flying cars. it's not a critique. it's a perfectly great company. it's not enough to improve living standards. >> i want to get back to trump for a second. how do you think it shapes the companies in the and the products that are created there. >> it gets very speculative but i would say that i would describe that. they deal in the world of bits. there is been a narrow cone of progress around those kind of industries but then you often had less good of an

understanding for the industries that involve the involve building things. maybe at a stereotypical industry involving adams. those are ones that are more heckuva -- heavily regulated. if you're in that world of adams you might be very concerned about government regulation. it's much less regulated you might be much less concerned. there is a big separation in terms of what they do. >> i wouldn't blame that on a blind spot. perhaps they had focused on that because i its actual gotten very hard to do things in the world of adams. when i was an undergraduate at stanford there is still a lot of different engineering fields you could set in the 1980s. it was a b idea. these are all industries the

art structural decline. they were getting regulated to death. it would be irresponsible to let you study that in the 1980s. even electrical engineering which was semi conductors in the boundary between atoms and bits is a good field for about a decade. not so much anymore. that was the only scientific field. >> well had more questions about that in a minute. is it related to the donation of the trump campaign. i think the tape was extremely poor taste. as i said. i didn't think as much.

on the presidential level. it did incredibly badly. he had raise that much money. it's when asked me i wasn't sure they needed it. i thought i would go ahead and write them a check. i didn't think anybody would donate to the candidate because of the worst thing they have done. you support them normally because of the things you like about them not the things you dislike. i think almost all the people are voting for trump voting because of the sense the u.s. is very badly off-track and perhaps we have to do some things to fix it. are you concerned about some

of that personality traits in the comments about women are you concerned about what that says to younger americans. there are a lot of things that are beyond the pale and i think there are things that trump said a decade ago that even he would no longer say today. i think that part of our discourse is getting policed adequately. i think the temperament the kind of place where i worry about that most or a matter of certainly i would worry much more on that with hillary

getting us into wars. into the nuclear one which is the most dangerous. >> you may be wondering why we are putting this man on your air for so long. the answer is he is a billionaire he is the cofounder of paypal i believe he is on the board of facebook. and he stands out like a store -- sore thumb. this man is a trumpet supporter. it is liberal to left to far left. that's where the work. a completely different kind of guy. he started off his presentation to date with a list of what's gone wrong with america. baby boomers tapped out. don't have the money. obama care. the student loan. hanging over everybody's neck. a trillion dollars worth. millenials the first generation to expect that their lives will be worse. that's what's wrong with america says peer-to-peer. he says big things are the

things that trump gets right. like trade regulation in the fact that the country is off the track. that is peter teal. anything to add? >> he also said were wasting trillions on faraway wars. we are the only country where students are taken on loans and that they can never escape. he is saying that we are judging the leaders it with the selection. the country has failed. he just been and ask about his economic plan. the bubble that we've have in this country since the 1990s have not been catastrophic. the tech bubble that i experienced was extremely exciting.

but then after it crashed it meant back to consulting. back to baking. i think it ended up leading to a misallocation of capital. people went to new industries. they lost their jobs. their careers went sideways for many years. i think the bubble history has been very catastrophic. it's been an honest assessment. we start with talking about that. i think trump understands. the ways in which government regulations are not that bad for big business. they also have the resources to deal with that. because it next out the small businesses. it's catastrophic for small businesses because there has

been much less formation of small businesses in the last decade or so in the u.s. relative to historical baseline. you can debate why this happens. why they are always hard to answer. but my instinct is that it does have something to do with the toughness of the regulatory climate in this country. >> with a big businessman. the fact that he won't release his taxes. they actually communicated with those charities. i think he's gonna be successful. >> we will keep dipping into what he has to say there. he just addressed donald trump's economic plan. basically saying that it's a good plan. there's a lot wrong with the country. and we will break away from the statement for a moment.

coming back in again. they've been following the developing crisis in our country. all weekend long. and certainly can today. the of various sources providing you with information. it's all below the radar screens. in case they reinforce each other. i did spend the weekend absorbing information. what did the fbi know. how did these decisions come about. it has to be a big deal for them to reopen this investigation. this is a very big deal of major importance. at the time he sent his letter he did not know what he probably now knows because a the search warrant authorizing fbi agents to read the non-anthony weiner e-mails.

they could read anthony weiner e-mails because he physically had the laptop over. other things they found other than the meta-data to and from the win they needed a search warrant. they did get that until last night when a lot of people, i among them, have been critical for jumping the gun. stuart: they do have that subpoena. they have been looking at what is on an emmy winners can either and now we are told it does indeed hillary clinton and else in highly likely they were containing secret information. is is a bombshell all over again. let's suppose this is accurate. if that information is not anthony winners laptop, what does that tell you about the information? >> it tells me that jim comey admitted to mistake what he decided not to indict her. al-assad said blumenthal flap which we know which was hacked

by romanian security and intelligence. the fbi -- not the fbi, jim comey trying to cover his tracks. stuart: would expose the whole thing all over again. a huge trove of e-mails with secret information directly coming from hillary clinton on her server palpable to anybody and everybody. >> the e-mail to which you are referring appeals by hillary to step one. someone forwarded to herself on her yahoo! account, technically a crime and then it resided there on a laptop. god knows where when good it is huma's crime. not hillary's crime so far. trade to sosa type has an enormous legal problem.

>> yes. suppose the attrney general gets in front of microphones and says we must let you list the latter director comey said on friday. this is not who we put legal problem. it is someone's problem. in another bizarre twist. stuart: delegate hillary clinton off the hook to some degree. >> to some degree, yes. stuart: is there anything the attorney general could do? she would have to say this on the basis of real evidence that she or her investigators saw. stuart: it's astonishing we are talking in these terms eight days before an election. >> it's astonishing the entities they really should be above the fray, their goal is the rule of law. at the vindication any political view has become an object it into a harsh political climate. stuart: would you stay there? i have other guy find out. we will go back to peter thiel

with tax cuts and prosperity. joining us right now i want to include him in the program today. we have with us the chair, mr. borges, chair of the republican party in ohio, matthew borges. good to see you, sir. >> hi, stuart, how are you? stuart: i'm good, but i want to know what to happen to governor case it. would not endorse some ultram, would shake his hand and now i believe donald trump is out fron in the state of ohio. could you explain what's going on, sir? >> we're trying to deliver ohio's electoral votes for a book of conversation that judge napolitano now and that we learn this information over the weekend. it confirms a lot of things i thought about the clinton didn't than puts a whole new spin on what is happening with this campaign. we are trying to close strong.

we are in the third week of voting. we've got a week to go and mr. trump is ahead here. we know that no republican has ever been elected to the white house so we will do our best to make sure we deliver republicans on the way up and down the ballot this year and we are poised to have a good year. stuart: that's the point. as the scandal breaks wide open i can pass over the weekend and again this monday morning i presume that's got to help the downmarket down ballot vote for republicans in the senate and house. is there any more talk about the democrats retaking the senate? any talk about nancy pelosi becoming speaker of the house? >> we will certainly deliver a great republican backed a republican majority in rob portman who i think it's the best senator in the united states. no offense to anyone else that is from the best campaign this year.

he and his team have everything to be proud of. ohio will do its part this year and the party has been committed to making sure we do that and finish stronger election day operation, our early voting programs, absentee is going on for execution mode for the last many weeks. one of the things frustrating to me is this national media narrative that somehow the presence of donald trump at the top of the ticket would drag down the rest of the ticket. we've never seen evidence that would be the case in ohio. not with any polling, not any races. but the democrats embrace that as their strategy is if it is some sort of strategy. what we are doing is making sure we keep the pressure, keep finishing strong, getting folks out to vote. if you can't be motivated by what's going on attila clayton, i don't know what would motivate you. stuart: thanks for being with us today. we do appreciate it, sir. up until now we've been showing

you peter thiel -underscore in talking about why he supports donald trump. he is the odd man out in silicon valley. he's a trump supporter. everyone else not. dow industrials up 17 points. we have to take a break with these political scandals bursting wide-open and the market is dead flat. we will be right back. i know you're my financial advisor, but are you gonna bring up that stock again? well you need to think about selling some of it. my dad gave me those shares, you know. he ran that company. i get it. the

this woman owns this house, with new cabinets from this shop, with handles designed here, made here, shipped from here, on this plane flown by this pilot, who owns stock in this company, that builds big things and provides benefits to this woman, with new cabinets.

they all have insurance crafted personally for them. not just coverage, craftsmanship. not just insured. chubb insured. >> i am more in simonetti on the floor of the new york stock exchange. for the month of october the dow up 13 points right now but it looks like it will pose lower for the third month in a row. the losers of the dow so far this month verizon and intel. the winners goldman sachs and billing. and mexican brewery for $609 bid the owner of that company is up about 2% -- down about 2% on the news. take a look at lumbar liquidators right now.

the stock is down double digits. posted a steeper third-quarter loss having to do with the product made in china.

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reporting on anthony winners laptop which is now being looked at by the fbi there were messages from hillary clinton on anthony winners laptop and some of those messages were highly classified. that's a very big deal. being investigated for underage girls. he is the estranged husband of huma abedin, the closest of all aides to hillary clinton. someone has not been with hillary clinton this whole weekend. that is highly unusual. they're very close to each other, almost always together. she's been absent this weekend. furthermore, 650,000 e-mails are on the laptop. the fbi has a search warrant looking through them now. this is a very big deal. classified information of the estranged husband. now in the middle of an

investigation. that's development number one on my political scandal. we are now fighting being that donna brazil was feeding questions to hillary clinton and in a different debate. we know was that the town hall that cnn organized. now we find it was another debate with hillary clinton didn't. >> absolutely. march 6 in flint, michigan the night before at 9:16 p.m. an e-mail from donna brazil to john podesta under the subject line one of the questions, hillary rodham clinton is a woman with a rash. her family has fled poison. what will hillary do as president to help the people of flint. i want to make a point here. the previous time i donna brazil came up, cnn lives the tv one

thriller martin. it must've been tv one. cnn was the sole sponsor of this debate in flint michigan march 6. >> now we have cnn and highly -- cheating in a presidential -- trend for the first go-round, the first time this happened she blamed russia. she said on the creation. i know what it's like to be persecuted. this is so bad. >> one of the questions directed to the hrc tomorrow is a woman with a rash about the flint lead poisoning scandal. is there anything more boldfaced or not? >> here's what's going to happen. figure it out. stuart: here it comes.

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>> the terms of the judgment something that's clearly lacking. >> cinches got bad judgment she does. stuart: you heard it. bernie sanders questioning hillary clinton's government. wikileaks in the latest dump revealed one of hillary's closest aide also questioned hillary's judgment. here is that e-mail quote. sometimes hillary and bill have the worst judgment. gary byrne is with us, author of crisis character of former secret service agent with the clinton tense. welcome back, good to see you. i want to talk about the situation which huma abedin finds herself in. you've been through the mill and is seeing how they react under pressure. i want you to tell us what situation huma abedin and then at this moment. she's the one whose husband, his

laptop is being looked at with e-mails from huma abedin on that laptop. she's right in the firing line. what's the situation? >> or situation in my opinion in is heading toward dire if it's not already. there's no explanation why she should have e-mails from the state department on her husband's computer. her husband has had issues for years within predatory behavior. there's no reason this e-mail should be on there. some did i would point out earlier that judge napolitano spoke about. just because huma abedin had security clearance, it doesn't mean she should be getting that classified information. all classified information is handed out on a need to know basis. just because her boss' secretary of state doesn't mean she should have that information and insert my should be in a private server. she had the opportunity to tell

the fbi about the servers before and she did not. stuart: let's be clear. it's not been officially confirmed the fbi has found classified information on anthony winners computer. it's a report we've seen. do you think it's likely haven't seen this movie in bed in the past, doesn't look like huma abedin is about to be dumped? she's not been on the campaign plane for the last few days and that's very unusual. spinnaker list is going to change drastically. her normal routine is done. technically she should not have access. even though they don't know if it was classified information, the fact that there's e-mails that should have been, they were there because of her. i would think at this point she shouldn't have any access to classified information. anything to do with the campaign and if mrs. clinton and becoming

the president of the united states, i don't know how she could work for and i don't know how mrs. clinton could keep the ability to have a classified clearance after what we've seen. someone's life is going to change drastically. they will dump everything on her issue and that being the scapegoat. that's my fear and that's what i experience to my tent at the white house during the lewinsky scandal. stuart: thank you for joining us. we appreciate you being with us in a mall that when the scandals are breaking wide open. thanks very much indeed. there will be more transfixed for you after this.

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stuart: we are showing you this because this is the real clear politics average of all polls. if you look carefully, you will see hillary clinton is at this moment only 2.3 -- 2.4. ahead of donald trump.

her lead has narrowed very, very sharply about poll does not reflect all the events over the weekend and further the events we have seen today. empire, we have to tell you, hillary clinton's campaign is in deep, deep trouble. my time is up. it is yours. >> a lot of these polls showing the latest guy. makes you wonder what happens now. thank you my friend. we are following up on what you are outlined there. problem in the polls for hillary clinton. donald trump is pouncing on it, expected to be for a michigan audience. michigan, hold on a second. isn't he behind six, seven to eight points depending on the poll. the internal tracking poll numbers we were told look much more favorable as do some numbers nationally. we will rifle through some of them in the course of the next two hours but