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 they show a

dramatic narrowing in battleground states but nationally and they're on noteworthy in that they showed this going on pre-developments that broke on friday saying that investigation with hillary clinton did in the e-mails will have to open up again. with what we are learning, peter barnes of the latest in washington. >> donald trump in grand rapids as you mentioned expected to keep hammering hillary clinton about phase two of the fbi investigation into her and her and so she was secretary of state and whether any of them send classified information with it. trump has new material to talk about today. government source confirms that the meta-data on anthony winners computer has turned up positive hits for e-mails. metadata is like the address on the letter that shows you who is two and who it's from that doesn't detail thed

intelligence source based on the meta-data review it appears a virtual sheet that new clinton records around the computer. a search warrant or allow investigators to search and any winners computer computer and read the content of its 650,000 e-mails. learned today there is tension in disagreement between the fbi and the justice department over investigating the clinton found nation. "the wall street journal" reported the department was tapping the brakes on these cases earlier this year making them weak, unclear if those investigations continue. neil: thank you very much. james comey is under fire. can't do right by romberg on my right. democrats praising him back in july saying he made a

statesmanlike decision not to pursue a criminal investigation are now saying quite the opposite. connell mcshane with the sudden turn of events. >> nancy pelosi thought director coleman was a great man, said as much in july when there is no recommendation to indict hillary clinton. she and many others have put out critical statement of the director. one we will highlight for you here is tim kaine. after all hillary clinton's running mate. here's what he said this past weekend. >> big unusual thing when 11 days before an election something like this get introduced as a distraction. now that you've thrown this? latter, you've got to put all the details out for the american public to see the incentive to invest that? right before the election. >> remember this is the same tim came just before the last presidential debate who is speaking to brent ayer and said

this on fox news sunday. >> there is an extensive investigation by the fbi under the investigation of a wonderful talk -- jim comey is somebody with the highest standards of integrity. >> wonderful and tough. former attorney general eric holder was critical as well writing an op-ed in today's flashing to impose. the democratic leader of the senate. read even suggest the long they've been broken. my office has determined these actions may violate the hatch act. there's some question as to whether this would apply here. a federal law passed in the fdr days to limit the federal agencies for employees from interfering with federally funded programs. many democrats have turned on the direct or in some within the

administration we have reports about attorney general loretto lynch not in favor of colby's letter on friday and read the message before he went public. that's where we are. neil: what a mess. thank you, my friend. connell mcshane. the fbi has a warrant to search those e-mails. the meta-data research some of them where they take keywords, phrases et cetera seem to indicate there could be classified stuff in there. given the fact that there are thousands and there would be hard to think their word. on the phone with us is house judiciary chairman bob goodlatte. great to have you back. is it fair to say among all the thousands of e-mails there are some that shouldn't be there? >> well, that's obviously the reason why the fbi director felt a very too at the congress and

american people know that this investigation was moving forward after he had already said he met edition was completed and mrs. clinton spent the last three and half months traveling around the country telling people she had been cleared. it's not only of interest because the females are there, but also of interest because we know she gave false testimony before the house select committee on and got the win she claimed all of the e-mails had been turned over to the inspector general of the state department, made it clear that she had not turned over all the e-mails and as a result of that, we have referred to the justice department and assertion that she testified falsely under oath that in three other matters and asked them to look into whether or not she committed perjury. i do think she did. it's entirely possible that

e-mails that show up this new investigation may confirm that. neil: congressman, what's interesting about the chain of them looking not the congressman weiner e-mails and everything that can as a part of this 16 a large charge and all of this stuff came out. apparently agents were sitting on this or have access to this weeks ago. there's an argument argument made as they put it #not because it was ancillary to the investigation and only last week, last thursday mr. comey became aware of that. would he think of that? p. mac >> i do know there have been many reports and i personally have heard from prosecutors, former fbi agents and others have reported about the internal

concern about how the investigation had been conducted earlier on. i think given the fact the attorney general of the united states got on board an aircraft on a tarmac in arizona with mrs. clinton's husband, former president a few days later she says i shouldn't have done that. i'm going to be for her to the people investigating this case as to whether there should be a prosecution. a few days later, mr. comey is the head of the federal bureau of investigation. not federal bureau of prosecution. he made it very clear he had found mrs. clinton had violated a number of provisions of the espionage act with give rise to a level where she should be prosecuted. many people concerned including people inside the department and inside the bureau and as a

result of that his testimony before congress where he said if we find a substantial information, we will renew this and we will let you know. i think he simply was feeling he could not wait and have this either leaked or have it come out after the election. >> that was his argument if he sat on this he could be charged later on with influence the election. quite the irony is a lot of people say that al particularly democrats that that's exactly what happened. the justice department we are told had recommended against his going public. they were open to him continuing to investigate but not do so publicly because it would influence the election or the appearance of doing that 11 days out. what did you make of that? do not have included the attorney general of the united states. if that case i find certainly

was not at all concerned about him not following protocol when is the fbi dirt and not a justice department prosecutor he made it clear earlier on that there is not going to be a prosecution in the case. he is simply trying to be balanced in this approach when he's already done things that were praised by some of the people criticizing him now. he has to mean tame the integrity of the department by making it clear that what they said earlier in what mrs. clinton has repeated over and over again is a longer the case. neil: we will watch closely. thank you for taking the time. a lot more going on included the word that seems to be within the justice department and that includes the fbi director reports to the attorney general.

he did give james comey ahead. she was not pleased with the justice department higher-ups are not pleased. he went ahead and did it anyway. can you say civil war? after this.

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especially in my business. with slow internet from the phone company, you can't keep up. you're stuck, watching spinning wheels and progress bars until someone else scoops your story. switch to comcast business. with high-speed internet up to 10 gigabits per second. you wouldn't pick a slow race car. then why settle for slow internet? comcast business. built for speed. built for business. neil: all rights, there is that wikileaks and by the way. anyone suggest that donna brazil, now the teacher sent debate questions back to her time at cnn to the clinton camp. one of the questions directed to hrc tomorrow is from a woman with a rash. her family has lead poison that she will ask what if anything will hillary do as president to

ask to help the people of flint. we have not heard much more beyond donna brazil's office outside of saying they refuse to talk about any of these leagues questioning the source, namely russia and to give it any justice would be to give the russians justice. in the meantime, the justice department over the timing that you've already heard from a number of former officials and outside of government saying that james comey might've made some problems for himself and is coming under attack by no less than eric holder the former attorney general who says comey is a good man that made a serious mistake. many others say that in the democratic community even though they were not saying that when he made his first decision not to go after hillary clinton in her recommended a criminal probe back in july. that was that a different environment. former u.s. attorney john ashcroft on what he makes. what do you think in the fallout

of this? >> first of all, i'm deeply saddened by what happened at the justice department. that begins with the attorney general of the uned states meeting with the spouse of the person that is subject of a substantial investigation in a private way and then yielding to say i will not exercise the judgment. i'm going to turn this over to the fbi which is an investigative agency, not a prosecutorial agency. there has been a pervasive of the justice department is over and over again and recent reports like in "the wall street journal" that suggests the letters that the justice department has denied investigative tools to be used in investigations related to the clinton foundation and frankly the absence of the use of tools that should have been used in the initial investigation of hillary clinton did.

no grand jury. the idea that there were subpoenas that people are invited to testify. there were substantial grants of immunity to individuals. these are all highly irregular. neil: help me with how unusual it is to have an fbi director presumably last week burning of other e-mails that exist three separate investigations going on with congressman -- former congressman weiner. the e-mails come up and he goes to the justice department. his bosses there in the case of the red alleged to have the stuff in here is what i want to do and they recommend against it. he goes through anyway. that's unusual in that dull, isn't it? >> well, he is a person who felt it was his duty, especially given the fact this is not a matter of just recent days that the investigation into the

e-mails has been a long-standing matter. material that should have been brought forward as a result of the inquiry earlier was headed. i was stonewalled. it is discovery at this time harkens back to the legislative hearings on this issue were calm he was us in particular there was new and permission that would become available, would he be open matters? the new information did become available and the american people had been privy to the x location of mrs. clinton when comey said in spite of the fact they were legal violations there is a violation of the law they did think should be prosecutable. in a sense he was in a hard place because you either have to live with the idea there was a completed investigation and have the american people believe that against the truth. neil: you are quite right.

i think what the justice department is saying. here you could educate you. it was go ahead and pursue this, but you should go public with a letter because so close to the election 11 days that it would he and his date. what do you make of that? is there a written policy or one accepted that you do not battle in the middle of an election. is there a timeframe to it? >> those things depend. senator stevens is convicted as a result of a prosecution the middle of the senate can paint and it wasn't until after it was over he lost the election and had died that the appellate court reversed the conviction based on misconduct. neil: talking about the late senator of alaska. >> so yes. so this is not an issue. this is not an october surprise in my judgment. this is continuity of an issue which had been stonewalled and for which it her mission had

been requested which was not fully given. there was an erroneous statement earlier much to the acclaim of the people who did the stonewalling that the investigation wast to say the ro be says great given the assurances director comey had given to the congress. he sent that letter to the congress. he did not make this statement to the american people but obviously the people involved. the justice department sent the fbi and to investigate the clinton foundation with its hands tied behind his back. the subpoenas and other investigative tools would otherwise be used in investigation they were told not to use. it is clear to me there is a significant disappointment. this is not the justice department that i knew which i

trusted in which i admired. >> the attorney and hurt office or mr. huma and how he handled this. >> i think there's plenty of fault to go around. when the attorney general of the united states abdicated her responsibility in the justice department sounds ability to make a decision about prosecution and sought to put that over an area of the fbi, that was i believe a significant mistake because the fbi s not an agency subject to congressional oversight the way the justice department is. now we are in the continuity of that decision whether or not he's going to let the american people know the full truth about the investigation or whether they have to live with a half-truth based on partial evidence now that new evidence has been uncovered. he hasn't really commented on the evidence.

he says there is additional evidence and he's given notice to the congressional committee that he's going to consider the evidence. >> how long do you think that takes? it seems unlikely it would be. it's politically damaging to mrs. clinton. >> well, mrs. clinton has had plenty of opportunity to bring this information forward. huma abedin and she had exchanged these e-mails and have been involved in this at peabody. mrs. clinton could have settled these issues last year. it may have cost her her primary election and revealing in having the people understand and know what would be revealed. there is a sense in which it is disingenuous to be complaining about information coming out late when you are the cause of the information because they

significant stonewalling out for unfortunately facilitated by the way in which the attorney general and others have allowed this particular investigation into the conduct it. neil: thank you are a match for taking the time. there is no way of knowing how long this will take. just that it is obviously have a huge and can't shortly before the election. harry reid said that among could be problematic and a sign that james courtney went too far and could have broken the law. what clinton confidante bonnie davis agrees. he is next. there's a lot of places you never want to see "$7.95." [ beep ] but you'll be glad to see it here.

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neil: i had to and ohio audience, clinton is going to say donald trump is a clear danger to our national security. this ironically days after the revelation of more e-mails found

and meta-data seems to suggest some could have been classified but that's the case of irony there. i'll leave it to you to decide that. harry reid has started made up his mind not an argument to this is clicked that the fbi or who harry reid says broke federal law to special counsel lonnie davis who agrees with three tiered what law was broken? they might first of all, there is a law about criminal investigation being kept secret unless they are spoken public 208 bed. there aren't number of flaws in rules regarding grand jury information related to a criminal investigation. you are not allowed to disclose anything publicly based upon due process and fairness. listen to your own expression and you know how much i express that i was back to you. you said according to meta-data seems to save just. can you imagine on national

television if the answer were neil cavuto seems to suggest mr. colby didn't say that. the metadata is a reference to a news report from an anonymous source. the answer is you don't know what the facts are and you just put out a national television. neil: and you don't know if mr. comey did anything illegal. you are already assuming he did. >> is that it is illegal to reveal the results of a criminal investigation. neil: the former attorney general said mr. comey broke with fundamental principles. he has unintentionally negatively affected the justice department and fbi that it is his conduct that might be question here. not whether he broke the law. >> read further into what he wrote in the deputy attorney general deputy attorney general republican as well as democratic wrote in the op-ed page and

revealing anything in a criminal investigation by the fbi for any prosecutor before publicly an indictment gives people a chance to defend themselves is illegal. whether or not mr. comey acted illegally with the requisite criminal in hand, he came to the conclusion mrs. clinton did not have a criminal intent. neil: this is the same harry reid 04 years ago but the serious charge about but probably that he hasn't paid any taxes. it turned out it was wrong. some may interpret that as a lie. who can we trust on this? >> i'd give it a fact about the easter comey did. he revealed in a letter to congress that he felt latina descent made pertaining to an investigation. neil: is a very good lawyer in

your own right you know your agents had presented to the investigation with nothing to do but doesn't the females came to light that if it looks like you had acted or done something the other side would criticize you for a lot of folks would criticize you for sitting on them. after the election say why did you set on them. i thought this was close. we have thousands of e-mails which have to be examined and looked at. that's all he's saying. >> sitting on them as a use that twice. mr. comey didn't defined to them. in fact, he explicitly said. neil: hey, neil, if you asked me a question and i'm within the first second of the inserted and you talk over me you're no longer -- this is the first time in the upper going say this to

you. if you're not going to let me answer your question that i'm not going to be a guest on your show. neil: said that exact day before when i simply asked her difficult question. do you think their are thousands of females out there because that was his reason, his logic for bringing this to committee said the tension. >> i will answer your question if you promise not to interrupt me. i don't know how many, whether it's one or a thousand because mr. comey in his letter to tell us. mrs. clinton is saying tell us what you mean by the word hurt me. you said you don't even know whether a significant. we have news reports about metadata. "the los angeles times" reported they don't even know whether they were from or to hillary clinton. what i'm saying to answer your question directly is we don't know whether there were thousands or one. he says he doesn't know, so he should have waited.

when he sent a letter he should have disclosed a lot more than he did. neil: but would you have called him into question if he did not at all in this came to his attention it turns out there's quite a bit here he might have ignored. do you think he was between a rock and a hard place to not do anything would have been in a sign that he wasn't in an election by not doing anything question mark >> the answer is no because he didn't have any information to reveal that needed to be revealed. neil: we don't know. >> used for those who doesn't know whether it's significant. it was way premature to write a letter much less than 10 days of an election unless he was ready to reveal. neil: is that breaking the law? >> i said it may be illegal if he had the tent to reveal a

criminal investigation without the authority of the attorney general. he's just an investigation entity. the fbi is not a prosecutor. his opinions are not legitimately and without facts he should never have sent that letter. neil: thank you very much. more after this. ow was your first week? long. it'll get better. i'm at the edward jones office, like sue suggested. thanks for doing this, dad. so i thought it might be time to talk about a financiastrategy. (laughing) you mean pay him back? knowing your future is about more than just you. so let's start talking about your long-term goals... multiplied by 13,000 financial advisors. it's a big deal. and it's how edward jones makes sense of investing. it begins from the the second we're born.er. because, healthier doesn't happen all by itself.

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neil: polls are polls. some of the narrative that's in going on. they will continue now because there is no information out there. they show that hillary clinton's lead has evacuated. it's a statistical tie. sometime you will see some reaction to what just happened. very little. donald trump seems to be regrading some -- regaining some traction. what is going on.

i think both sides are doing their best to energize their base. it was already deep putting the energy in there. they've been hitting the trail over the last couple of months trying to get their voters fired up and turned out to the polls. when they conduct these polls. one of the very first things they ask is how likely are they to vote. you and and i can be included into the actual polling the samplein the last week or so i might not vote to i'm deathly going to vote or i already had voted in a lot of the states where early voting has taken place. i think we are seen donald trump closing the gap. it isn't necessarily a necessarily where the actual state of the race is because we don't have a national election.

>> in those various elections prior to the latest development. he seems to be rallied the republican base. it was not across the board but a good chunk of them were leery. is that enough to close the deal even if he gets his base back in order and republicans back in the polls. as i can be enough to seal the deal. >> republicans and democrats make up about a third of the electric each depending on what you look at it. what really matters is voters. one of the really awesome things to look at there are two different candidates with only a little bit of overlap in between.

in the last few years they have predicted haven't predicted the general outcome of the election. there are number of people that were more conservative than the republican party was. even though they were more likely to focus on it. watch those independent in you mentioned the state polls. there's can be a million of them between now and next tuesday. there was for four out of florida just yesterday alone. take a look at the broader picture. very good arena thing. i told you the other day when we were seen the big media deals that this was just part of a process going on. we have numbers to confirm the record-setting pace. just this month alone. it's a final day of the month but it looks like a record month at that.

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neil: we might have the first casualty. they have severed the relationships. who has been a contributor at cnn prior to taking debbie wasserman schultz. now they better hope that's a permanent basis. there will be a job left for her. to these hacked e-mails. that she was on several occasions ahead of debate giving exact questions to the hillary clinton camp.

we will keep you posted. the acting have well not have a cnn job to return too. because of these wikileaks. >> a record month. the $300 billion worth century link. the latest and as just pale in comparison to other eye-popping deal. we think brian. i think the state of mergers and acquisitions are really a response to what the market has been expecting. and the hillary clinton presidency with the republican congress if you combine and save on costs.

so they are seizing on a moment that they think well mean the hillary clinton victory i guess. whether it is a hillary clinton winning one or both houses of congress. all the sudden there is a distinct possibility that that goes wrong. what you think. it's not given anymore. when -- what does this mean. it has been in fairly vague terms. nobody really knows what the details are. really the responsibility to start talking in and a little bit more detail. the republicans love deals and democrats a little less so.

under the democratic president here. does it make a difference though who is in charge on capitol hill. i just like to think that they are just red and blue or green. i think they want to make money. but what is the policy environment was the regular trait environment can be over the next two years. and if you look ahead and you see slow growth and you see regulation not abating. then you have to say to yourself how do i make money there. you look for merger and acquisition opportunities. to save money because you're probably neck not to be growing your top line. a lot of is trying to get out ahead of this idea. get them on the deals. while put.

in manhattan. they can kiss the old job goodbye. on october 14. they have that. the cnn never gave it for herself access to any questions and proper material they were completely uncomfortable with what we have learned about the interactions while she was a contributor. some of those questions that were supposed to be a surprise hillary clinton turned out is a no-no. and now she's not going to be returning.

neil: more than 24 million americans have already voted in this election. the vast majority prior to these revelations have come up regarding this revelation. and now reopening an investigation that was now thought close. adam shapiro was there with some of the early voting numbers. we should stress it doesn't necessarily mean that they are voting by party. we want to paint the scene in the key county. that is a city.

i want you to hear what people here today voting in one of the early voting centers headed say about the latest news. >> i cannot understand how anyone can vote for someone that could deceive our country like this. it hasn't influenced my vote. we need to be aware of what's going on. the hidden things come into light. let me give you the state wide numbers. they lead overall. that's a new include voting by mail and coming to a voting center early.

as far as just early voting without the mail. this would be democrats are leading to the republican 683,00040084. statewide they have a lead in total voter turnout early when you just look at those who are registered and affiliated with a medical party. it is those who are not affiliated that they hinge upon. just to give you an idea you had 457,000 people who have already voted that don't declare the party affiliation. as one of the things is happening on the ground and is going to be key for both candidates. >> the trend has lately been for the polls. they have them up anywhere from two to four points. is it your sense that some of these independents and some of the so-called on the cited

votes are breaking his way too soon to tell. >> you look at this new york times where he now has a four-point four-point lead over hillary clinton. there is a reason why the sources are not only optimistic but they are happy with what is happening on the ground. and you see this look at what's can happen in the next two days. hillary clinton is coming to florida going to the key counties were democrats should be when he she has to reinforce her base. that's why she's coming back. i think he has been a lot. it's a must wind state. we have charlie gasper in a coming on. and whether there is any there. the perception alone. were on after this. these goofy glasses.

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>> the latest. if anything it is director comey who should be facing an investigation. the clinton friend and confidant. this was a suspicion of a level. from the fallout of all the above. >> two days ago he said power is gone of independence. he decided not to recommend charges against hillary clinton over receiving classified information. that is an interesting dance. here's what we're hearing from our investigative sources. he could loom as a larger player in this than initially

meets the eye. it's more than just his e-mails being on. they face the significant allegation. if they find lewd pictures going back and forth. they are clearly looking at stuff like that. i'm not saying there is there isn't that also involved in some of the exchanges. that was part of the child protective services. we understand that also. here is what we are getting from our law enforcement sources they believe that he is a cooperating on a very limited basis. they do believe at some point

they can turn him as a cooperative. they can actually use them as a cooperative. >> is he seeking himself. he would then be throwing his estranged wife and the entire democratic party under the bus. here is a deal we want to cut with you. that is be conceived as a child pornography. what would he give. they will tell us about the access to these e-mails. it doesn't go away. but a lot of the stuff doesn't mean you're in jail for a long time. i remember have his e-mails on it and his his wife used a laptop were her e-mails could be assessable.

>> how did all the stuff she have and up. if she was downloading her stuff on her personal e-mails. >> here's the interesting thing. i know people that worked at this firm. mike is a friend of mine. that computer was right there in his office. those e-mails involved classified information. >> how big do you think this is. >> james comey in july said everything hillary clinton did was pretty bad except it didn't reach the bar of gross negligence that she was really looking to commit a crime. we all know that in the long run. it did not raise the intent.

the problem is if you are using gross negligence as your bar and anthony weiner has access to secret state department stuff via his wife's personal e-mail you are starting to hit that gross negligence part. and i'm telling you every fbi agent we speak to. they think this is really bad and that he would've done this the political pressure obviously is on him. i don't know how you do it in eight days. stay tuned. big story. anthony weiner is not going away. if you were to tell me that the election was can hang on anthony weiner at that point i

would be like are you doing lsd why while you are watching. there can be in michigan no doubt. all this came to light. where lawmakers go from there. i just want to ask you a personal question. i think this is your first chat. you had been battling leukemia. even a brave everything. the strength under pressure. how are you feeling. >> the good lord is taking care of me. i feel really good. i take it the treatments are going well. they are long-term.

i head at least another four months ago. but to go. but everything is working out very fine. and being taken care of here at m.d. anderson. it's one thing. they prayed for your quick recovery. even those who don't like you. thank you for indulging my personal question on that. the democrats are crying foul. they are rubbing their hands together. where does it all end up. the entire episode is unprecedented politically he comes out and make his public statement in july and what has occurred is that at the judiciary committee sent him a letter saying and asking him eight questions that were very

pointed about why he stopped the investigation. he told us also under oath that he would respond later if there was more evidence. the letter and the public statement under oath to respond. he has new evidence. and he has to respond rather than delay hiding the evidence. >> we have heard from a number of folks he agrees. this is breaking the law. you could've continued this investigation. you are saying that he have an obligation to at least let people know when i told you this case was closed it really wasn't closed. >> he have an obligation because he said so under oath. and he have a letter that was sent to him at we wanted further information as soon as

it came into his possession. and that's what he did. it could be argued as a lawyer that if he have held the evidence that came into this possession until after the election he and in effect was affecting the election. he did the right thing morally and legally to tell us as soon as he came into contact. >> we wish you the best. the same issue let's listen in. >> is a posture i won't change and it speaks to the kind of institutional responsibilities that are investigated here in the white house. it is preserving the independence and integrity. note you raise the question

about some of the decisions that have been made to communicate information about those investigations to the public. and at's true as they don't have any independent knowledge on how those decisions were made i don't know what factors were considered dating all the way back to july. when the director comey announced the results of the investigation and spoke at length to the public. about his decision not to prosecute secretary clinton. the way they handled that situation. they also testified before congress at some length on camera under oath about the investigation. they provided at. over the course of the fall

we've seen fbi move forward. the other investigation. in the fact is my lack of independent knowledge about the division decision-making makes that hard to weigh in. i'm sure is not the only question i will get asked about this today. i will neither defend nor criticize what director comey has decided to communicate to the public about this investigation. what i will say is that the department of justice in our democracy is given the expansive authority to conduct investigations. it has given subpoena power they are allowed to compel witnesses to testify there able to collect evidence that is not readily available

necessarily. there are even allowed to impanel a grand jury. those are substantial authorities. it is important in the mind of the president that those authorities are tempered by an inherent to long-standing tradition. that limit public discussion there are a variety of good reasons for that. it's important for those norms in traditions and guidelines to be followed. select you would have to have a lot of discussion about this. based on a multitude of banana anonymous sources. they believe that there is a

set of significant institutional responsibilities that they have and must fulfill. the good news is the president believes that director comey is a man of integrity in a man of principle and a man of good character. that is a reason that president bush chose him to serve in a senior position as a department of justice. the same character traits that are what led a strong majority to confirm him to this job. these are the traits that led the president to select him to be the director of the fbi and these are tough questions. it's a good thing that he is a man of integrity and character to take them on. >> you will concede i'm sure in the absence of information about this. they are left with speculating about what might be involved. so in the interest of people

being able to not rely on that. see the fbi release more information than they did in the very brief letter prior to the election day. >>n the same way that i will neither criticize or defend about what to make public that's because i just don't have the independent knowledge of the decisions that are made to release this information. their other people that have the luxury of being able to do that. to see them weigh in with their own view. but when i'm standing here for presenting the institution of the presidency i don't have that luxury. and so, in the same way that i will neither defend nor criticize director comey's decisions with regard to what make public for this investigation i know have any recommendations to make to him either with regard to what

information could be communicated to the public. the fbi found out that it was not proceeding with the recommendations the has did defend commie and defended him a number of times. is that a shift of the language are using today. or criticize him. they are not defending him. there is a reason for them to maintain the business here. >> what i have observed in the past is that the director is a man of integrity and principle is a man who is well-regarded by senior officials in both parties. he served in the senior position in the bush administration. he got strong support when his nomination the united states senate. so, all of those things are true.

they speak to his good character in the president assessment of his integrity and character has not changed. for example, they don't believe that director comey is intentionally trying to influence the outcome of the election. he doesn't believe that he seek a light strategies to benefit one candidate or one political party. he's in tough spot. and he's the one who will be in a position to defend his actions in the face of significant criticism from a variety of legal experts including individuals who served in senior department of justice positions and administrations that were led by presidents in both parties. but that kind of i'm just checking in position to defend

or criticize. the decisions that he's made with regard to what to communicate in public the kind of prosecutorial investigative decisions that are made by the fbi. that is their institutional responsibility to make those decisions about investigation independent of any political interference. i will defend their right to do that. it's their responsibility. >> is a concerning at all that you have the justice department and the fbi basically griping at each other in some form of public fashion. i was so they have to work very closely together to keep the country safe. is there an issue there that you can see resolved so that the justice department is not accusing fbi i'm not following proper procedures. >> you've heard me discuss the

president's view of the integrity and character. the president has a lot of confidence in the attorney general of the united states. to run the department. she is somebody who spent decades as a career prosecutor she is not new to any of this. a lot of that work was done when she was the head of the eastern district of new york. that is a position where these kind of decisions are closely scrutinized by the media that's based in the largest city in our country. and they had complete confidence in her ability to handle the situation responsibly inconsistent with the institutional responsibilities that are invested with the department of justice. the president has published in

the new york newspaper area a list of grievances. neil: we will continue to monitor this very calm a lucid take and think through what everyone is saying. and he is between a rock and hard place on this one. coming as his comments a little more than a day after the senate majority leader has said that he thinks that they broke the law. they're curious about the timing of this. urging everyone to get anything out before the public to relieve any doubts that anything is being hidden from them. they're obviously cognizant of the pressure that is built. two just kinda cool it.

we will continue to watch us very closely. they were shocked and i was one of the things that mark kelly is interested in addressing more than any of his political stuff. if you will indulge me on some of the latest developments. as some of these e-mails. potentially thousands of them dropped in its lap. i look at this sma who is served our country for 25 years. i worked at nasa for 15 years. and one thing we are always reminded as government employees is to be really careful about being involved in partisan politics i'm a little concerned with this being knees these new

revelations coming again. i'm concerned not enough thought went into making this decision. it's pretty much unprecedented that something like this is happened within a month of a presidential election. as a former he didn't make available. people would come back and be eating him for not doing that. you say you might not had have any choice. you can live with live with your choices. and you have to explain them. the consequent as are so high in this case. this is a presidential election.

and hillary clinton. perhaps most experienced person ever to run for the presidency. he is somebody that has shown himself to be in my opinion erratic and even at times reckless and some of his positions you guys support hillary clinton. do you find that she was sloppy at the minimum and what if something comes to light in these e-mails out there that shows classified material ended up on a totally ancillary persons laptop. it does i'll go back to her doesn't? >> not necessarily. this was at her laptop. and we can have to see. maybe these thousands of e-mails had already been reviewed is just a little unusual to do something like this. we don't know. what we do know is that we are

a week away from an election you hear this over and over again. this is the most important election in our lifetime. and i think this is really the case. i'm in a stress again and hillary clinton we have somebody with experience in the record in donald trump what i have seen over the last year is somebody who has been pretty reckless on the campaign trail. i think there's nothing more indicative than how a president is gonna conduct in donald trump campaign has been a roller coaster. >> i think that is important. to some extent that issue was resolved. and there were no charges brought you could argue back and forth. i know you're very interested in the gun streak in the violence.

you know firsthand from the near death experience of your wife how important it is. let's say donald trump gets elected. it would be an uphill battle. do you feel like this issue never gets addressed. we would go in the wrong direction if he was elected to be president. as far as guns are concerned basically exactly what that national rifle association wants. it's driven by corporate process nobody is safe. what hillary clinton stands for is somebody who supports the second amendment but at the same time believes that we can do a much better job in guns out of the hands of felons, domestic abusers and even people who are suspected of terrorism you can get a gun.

isn't that the fear that the same person that tried to kill your wife would probably find a way to make we know they went into that firearms dealers were denied by the gun because of their felony convictions. we are a country of laws. and we know that they work. that does not make sense. we had 33,000 people dying every year. we can do a lot better than that and the answer is not to make it easy for criminals to get guns. >> a real pleasure having you. i commend all of your service to this country. we had been telling you about this.

with the director now trying to pursue and let the world know i'm not done. i have all of these e-mails. now donald trump is weighing in. we are watching both developments. first donald trump addressing an audience in michigan. we are winning in ohio. we are winning in iowa. we are winning in north carolina. we are winning in florida. we are winning big in texas. they are setting new voting records. we are winning all over the place. as can be something special. in eight days. we are going to win the great state of michigan and we are to win back the white house. hundred percent. let me start today by making a very important promise to you. when i went on november 8 i am going to bring your jobs back

to america. you know it better than anybody else in this country. the long nightmare of jobs leaving michigan will be coming to a very rapid end. we will make michigan the economic envy of the entire world. i used to be the economic and be. the political class has betrayed you. they had uprooted your jobs in your communities and they had shipped your wealth all over the world to mexico and all over. they put new skyscrapers up while your factories in michigan are crumbling. these were politicians. >> i will end the theft of american prosperity. >> we are monitoring and donald trump. including ones that are

looking slightly more competitive. but norm normal so then a development we thought would pass along to you. more importantly the early double-digit front runner in the senate race to take it into a statistical tide. it was not long ago that he was leading in that state. by six points. donald trump up by 11 points there. in case you think that it's a slam dunk for republicans barack obama won the state back in 2008. it is one of those that has no longer been accepted. charles payne to weigh in on this. >> first of all i don't know what's concluded here. so would cover some of the ground.

it would be the first assigned assignment among other polls that show some of these issues and helping donald trump. there are couple of a couple of other things out this morning. to me it suggests that it is solidifying them. i think some of these republicans are probably coming back on board to your point. it doesn't hurt to have mike pence on the ticket. the news is pretty interesting also. he's have some bad news of his own. i think it's connection. kind of a corporate politician those guys are in a lot of trouble. they are will received in indiana policy. they thought about that pedigree. he is the old-school political pedigree. it has been able to cash in and the private sector which this election is a huge

no-no. as a cornerstone. that is the core of establishment politics. why do when we elect people that go to dc. it's because that someone else get gets the call that shots. is any of this a factor but a winning month for deals. announced. we were a little bit behind. i think part of it is that you've covered it. perhaps rates going up in december. cheap money gets a little less cheaper. something maybe to a certain degree. how they react to donald trump winning. again the unknowns. you just heard donald trump speak. there can bring things back

from overseas. and if you do the stock probably goes down because the profit margins go down. let's face it what has driven our stock market for the last several years has been growth outside of this country. apple selling iphones. 65 percent of this business outside of that country. we love to spark and get back into animal spirits in this country. so we can have the organic growth that used to make it corporate america. would be an uphill battle. they journeyed to 270 it's tough. whatever shots shot they would have. or it depends on what's out there. i think people would be nuts

to make any sort of reactionary move. depending on wall street's knee-jerk reaction. after brexit the british market got slammed and more recently it's been at an all-time high. it would be nuts. i talked about those animal spirits there's two things. lower taxes and regulation. it's an intangible part of it that ronald reagan was able to hit all. that remains to be seen if either candidate can really get that and that they would all belief. get the other 49 percent. ronald reagan was able to ultimately do that and whoever wins has got to be able to do that. the part that makes so much sense. i'm to start a business. have a great idea and i may go for it.

donald trump is as expected seizing on this latest fbi story. it has become a back and forth punching bag. let's listen in. it took a lot of guts i really disagreed with him. i was not his band but you know what what he did he brought back his reputation. he brought it back. he has to hang tough because there's a lot of people want him to do the wrong thing what he did was the right thing. i'm asking for your vote so that we can replace a bonnet care and save the healthcare and look healthcare in this country is in such dire straits organist save healthcare for every family in michigan, for every family in our country. much less expensive, much better healthcare. repeal and replace. with so much better so much less expensive.

it really means restoring honesty as you know the fbi has reopened its investigation into hillary clinton in discovered her this yesterday. in discovered another 650,000 e-mails she lied under oath when she turned over all of her work related e-mails just one more lie. we are trying to monitor everybody here. essentially reopening an investigation that maybe a lot of democrats would just be closed in done. it's not. donald trump to say to this audience this is bigger than

watergate. bigger than water great. do you agree. i think it's big. specter of watergate hovers over the capital. in watergate the crime was not the crime, the crime was the cover-up. without the cover-up nixon would have been just fine. this is kind of a reverse situation. you have the clintons committing the crime, so to speak and the cover-up. nixon quoted disisraeli when he left office and said, i wasn't a good butcher. you have to be a good butcher to be a leader. meaning i should have cut my people loose and let them sucher for their own mistakes and protect my presidency but with clintons you have them smashing cell phones with hammers and

deleting etch mails and bargaining for their immunity. the staff is cover covering for. harris: you mentioned nixon, you're such a historian, he was famous in david frost interview, i gave them the sword, which would bury me. none of this would have happened if hillary clinton didn't have this darn private email server to begin with. so that she gave herself, her own modern-day sword. what do you make of that? >> yeah. that is very, very true. nixon in his memoirs said i should have destroyed tapes immediately after alexander butterfield revealed them in the senate watergate hearing but never, never would he suggest that he burned the tapes after they had been subpoenaed. that would have been clear violation of the law, when they were subpoenaed, he gave over

all the tapes including the 18 1/2 minute gap. nothing was withheld. so with the clintons -- harris: what happens now, professor. when i look at this, think of fallout, a lot of democrats are complaining, this isn't fair or right. harry reid going so far saying illegal. lanny davis on this show a few minutes ago, this much the same thing. provocative move. they didn't mind july 5th, comey comes out will not pursue a criminal case or recommend one against hillary clinton. given the case, this is dividing democrats. josh earnest said comey is guy of integrity. i think he is trying to dial back a lot of this stuff. no one is on the same page in the party what do you think? >> yeah. this is definitive moment in our history. whether we become a country like some in latin america, africa, asia, where the rule of law applies to some, not others. stop and think.

comey said intent. he couldn't prosecute because of intent originally. we have harold martin, iii sitting in jail tonight. he didn't steal documents for russians or chinese. he didn't steal them to make money. he lives quite modestly, even poorly. he took biggest cache of classified documents, stuffed them in his garage to protect the cia there is no intent there. i bet you harold martin iii dies in prison and clinto go free. very defining moment in american history. harris: is this your definition of october surprise and this is the one we didn't count on? is it the revelation obamacare is costing more than people thought, premiums higher than people thought? or could we still see more in the next eight days of november? >> oh, this is big. this is bigger than any october surprise we've had.

neil: will it move the needle with people's votes? >> i think it will. even if she wins the clintons could bleed out in the white house and tim kaine could end up in some scenario. this thing isn't over. that many emails, there is something there. remember cardinal risch lou said give me nine lines written by any man i could have him hung as a criminal. imagine if you gave richlieu 650000 emails. i think he would find something. neil: all he needed were nine, huh? i'm doomed. professor, thank you very much. good chatting with you. >> thank you, neil. neil: a little drama, donna brazile acting dnc chief won't have a job to return to at cnn. cnn just severed ties with her. after this. wim already lets you create custom alerts

for all the things that are important to you. i guess we don't need the kid anymore. custom alerts on thinkorswim. only at td ameritrade. . .

>> i'm ashley webster on the floor of the new york stock exchange. despite all the big headlines on the presidential campaign things quiet on the major markets as investors, well, they sit on their hands a little bit. let's take a look at some of the major media companies reporting earnings this week. discovery communication, time warner, as you can see up 1%. cbs fairly higher. charter communications will be reporting this week. also keeping an eye on the big deal we've been talking about,

time warner, at&t, $85 billion. both of those companies moving higher. time warner up nicely nearly 1%. we'll also be hearing from some big tech companies this week as well. technology companies have been doing very well in the earnings sector. bea down 2%. alibaba, big chinese company slightly down as it facebook. that is the latest from the new york stock exchange. more "coast to coast" is next. did you know there's a way to save up to 95%

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neil: all right. cnn and dnc chair donna brazile have gone their separate ways but there is more to this story than meets the eye. blake burman has all the details. blake, what happened? reporter: there is indeed, neil. cnn saying they never gave donna brazile access to any debate when they were contributors there but the latest wikileakss batch, that shtalked to hillary clinton aides to a debate question. this is day before the cnn march this past year to john podesta, jen palmieri, top aides. here is what she says, quote, speaking of questioner, her family has lead poison and will ask what if anything will hillary do as president to help the people of flint. this is not the first time, neil. this is the second wikileaks email which the text from brazile shows she gave the

clinton campaign heads up on a question. remember couple weeks ago brazile denied doing any such thing. today on twitter she used her account to point back to the initial statement in response to basically what came out today, basically denying any wrongdoing yet again. here is what was in the statement at the time. quote i never had access to questions and would never have shared them with candidates. now we have the two episodes. cnn in its own statement who parted with basile to who was contributor on network couple weeks ago, october 14th. here they now say we're completely uncomfortable what we learned about her interactions with the clinton campaign while she was a contributor. of course one of the ironies in all of this, neil, is that donna brazile replaced debbie wasserman schultz as head of the dnc when wasserman schultz because of hacked documents that she was playing favorites for hillary clinton during the primary.

i get to this point. we have reached out to the dnc for a statement, neil. so far nothing on their end. back to you. neil: apparently josh ernest commented on the donna brazile situation, according to the president here referring to him, he believes donna brazile is doing a great job presumably in that capacity as acting dnc chair. blake, thank you, very, very much. blake burman. meanwhile the white house taking a look at dealing with this situation with the fbi and trying to cool things down, but did it just complicate matters? because you have someone like harry reid saying, you know what? comey lied. comey should be fired. and you're the white house. what do you do? ♪

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call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ >> the president doesn't believe that director comey is intentionally trying to influence the out come of an election of the president doesn't believe he is secretly strategizing to benefit one candidate or one political party. he is in a tough spot and, he's the one who will be in a position to defend his actions in the face of significant criticism. neil: all right. that is a delicate way of trying to dial this thing back and all the heat james comey has taken and how it could boomerang on democrats at white house. fox senior judicial analyst,

judge andrew napolitano. you questioned timing and everything else from the fbi but it is what it is. now what happens? >> fbi pursuant to a search warrant it received from a federal judge in new york, going through the 600,000 emails through the huma abedin/anthony weiner laptop. what federal crimes could be involved? could there be stored emails that mrs.:and their team said destroyed and couldn't retrieve. could there be classified materials, top secret or crime to put them in there. that is huma abedin's crimes, not hillary clinton's crime. neil: right. >> but i've been critical of director comey because it is unlawful for the fbi, for any law enforcement, by the way, to give a progress report during the investigation which is basically what he did yesterday.

nothing wrong with the fbi doing its job. they had every right to go to a federal judge where there may be a treasure trove here. we're looking for child porn on anthony weiner's laptop and we think there may be classified national security materials. neil: would he have gotten into trouble if after the fact youndp about it. >> the rules prohibit him saying a peep. neil: the justice department was right saying that? >> yes the justice department was correct in saying that. he doesn't answer to the congress. neil: he could have pursued this on his own? >> he doesn't answer to the american public. he answers to the justice department. they are his bosses. the reason -- neil: would he have perjured himself, when he said this is essentially done and stuff comes to light that proves it isn't done? >> no. because it wouldn't have been perjury at the time he made the statement but you see two problems. one is at the time he made that statement the investigation is done, he also says to the members of congress if it is

reopened i will tell you. he believes bound by that promise. he is not bound by that promise. that is not a promise that should be made because it violates justice department and fbi regulations. real trigger to this, what generated this is not the anthony weiner laptop, it is catastrophic, erroneous decision he made on july 5 when he recommended that mrs. clinton not be indicted, notwithstanding a mountain of evidence of her guilt. he proceeds to lay out in the same press conference the mountain of evidence of his guilt. that sets off fbi agents who did the investigation. now you're humiliating us by telling world what we gave you and you rejected it? he had a mutiny on his hands and a lot of senior and retired fbi what are you doing with our agency. you know there was enough evidence -- neil: what should have he indicted back then. >> he should have indicted. neil: if he didn't indict, he should have punted. >> he should have passed decision on to this name, you

don't know this name, sally yates, number two in the justice department. not a political appointee, long-time civil servant lawyer everybody respects who makes the decisions when attorney general has a conflict. neil: wouldn't he have relayed to her, whomever, something, i think i got to do this? i think we should, he would recommend taking further action? >> you're talking about in july or now? neil: in july? >> well you know the fbi sometimes recommends but it is their job to present evidence and let the justice department call it. neil: the justice department would have never called it, right? >> probably not, because of the politics involved. this investigation was doomed from the start and i'll tell you why. when you just investigate and you don't interact with a grand jury, then the fbi is toothless. question, can the fbi or justice department issue a subpoena? answer no. only a grand jury can and the -- neil: who makes that decision? justice department? >> justice department decides whether or not to convene grand jury.

neil: fbi sends a recommendation to justice. justice can take or leave it, no? >> beginning of an investigation, looks like a crime has been committed. we have to start presenting evidence to a grand jury to get subpoenas out of them. no grand jury, no subpoenas. neil: justice pulled that trigger, not the fbi. >> correct, correct. neil: grand jury decides not either of those institution. >> correct, correct. so if you have a director of the fbi who is being told no grand jury, shut down the investigation. that is not an investigation without a grand jury or resign. if the justice department is tying your hands. neil: what do you do, if like the stuff dropped in your lap to your point? and you've been vocal going back to the july 5th presser i think you're referring to, you kind of locked your sell into a no-win situation, right? >> he has locked himself into a no-win situation, but he can't make a decision, can't ethically make a decision as director of fbi, to enhance his own reputation or fbi's reputation. he can only make a decision what

he knows it to be. the law says you do not give a progress report, whether you promised midstream in an investigation. that is why we have the brouhaha today and over the weekend. neil: say hillary clinton wins. snoop yes. neil: this is still going on, and let's say the fbi this time says there is enough now where we can recommend action. then what? >> well, this is the same justice department. so if this same justice department were to say, okay, present it to a grand jury -- neil: they wouldn't do it. >> and mrs. clinton would be indicted i don't think that would happen because of politics. to follow up on your question and if it did, can i reask the question, can a sitting present prosecuted criminally while still sitting? the answer is no. the supreme court, federal courts would delay prosecution until after she left office to avoid a constitutional crisis. neil: occurred prior to in this case -- >> no. because as the president she is immune from criminal prosecution

while president. now if she could stop this with a stroke of a pen. she could do what richard nixon was afraid to do, pardon herself. neil: really? >> yes. the pardoning power is absolute. there would be tremendous political repercussions but no legal repercussions. neil: how do you think it ends, whole thing, your gut? >> if we're still talking about this a week from today, that would look very good for donald trump. if something eps happens to change the subject i think she has better path to 270 electoral votes. neil: we learned things can happen to change subjects very quickly. >> yes, yes. neil: judge you might have future of this law thing. >> only been here 19 years. neil: that is like scary smart, folks. this is scary smart. we'll have a lot more after this including donald trump still pounding this theme in grand rapids. something tells me doesn't think anything else surprising will come up here. we're waiting for hillary

clinton who will be speaking to a group in kent, ohio. man.

[laughter] can you believe it, donald trump speaking in grand rapids michigan. government source is tells fox that new emails from mrs. clinton have been found on the computer and they likely contain classified information. could these emails be part of the 33,000 she hadelet. we are lots to get through. let's quickly listen in to donald trump speaking on the