uncertainty and short term, i mean short-term correction, comes right back. what everyone is missing in all of this, okay. earnings are turning around. we have a powerful move this year, earnings will be up year-over-year basis. liz: michael binger, gradient investments. [closing bell rings] there is the closing bell. david and melissa, after the bell. david: stocks anxiously awaiting results of fbi investigation and nearing flat line, and down for the month. i'm david asman. melissa: i'm melissa francis. we have you coverage on big market movers, drop in shares of valeant. here is what else we have for you this hour. fbi is now searching through hundreds of thousands of new emails, belonging to hillary clinton's top aide. we have latest settlements on this. reported feud between the justice department and the fbi over how all of it is being handled.

plus the head of dnc, in the middle of another debate cheating scandal. what today's batch of wikileaks now revealed. donald trump barnstorming through michigan this hour. election just eight stays away. polls are tightening. david: very exciting. back to the market. dow ending in the red for the third straight month is longest losing streak in five years. fox business contributor is watching action in oil and gold from cme. and ashley webster on floor of new york stock exchange. ashley before we get to anything else, you have breaking news on valeant. go ahead. seen stock price tumble down 12 1/2%. word of a report from bloomberg that says u.s. prosecutors, now focusing on valeant pharmaceuticals ex-ceo, and ex-cfo. j michael pierson and ex-ceo howard schiller.

they are looking into potential accounting fraud charges related to the canadian company hidden ties, it gets confusing but to ties to a specialty pharma company that valeant secretly controlled. in other words were they funneling results through that company? that is what u.s. prosecutors reportedly want to know. down 12.3%. hitting lowest level of july of 10. that is six years ago, more than six years ago. certainly having impact on the stock. very quickly, as this is halloween the last day of october, wanted to bring you very quickly, the dow winners this month, if we have time. goldman, up 10%. bilge winner today. and also boeing up 8 1/2%. losers, other side of verizon and intel. this is the third down month, for the dow in a row. we haven't done that, haven't had that long of a losing streak in five years.

so, rather bit of a thud down here, on halloween. a bit spooky. melissa: especially for valeant. oil getting hammered nearly 4%. what happened there? >> basically a lot of concerns about opec credibility. i know you're shocked to hear that. meeting in algiers this weekend turned out to be a big flop. it is really opec's fault. they were raising expectations they might be able to seal a deal to come out with specific numbers on a production cut, with opec and non-opec countries. they couldn't do it, iraq was mainly a stumbling block. they were trying to convince opec they were pumping a lot more oil than they wanted to get credit for. we saw gold go up, a little bit of fear on scary holiday trading day. phil, thank you. melissa: thank you. >> thank you. david: wall street seeing a stripping of megamergers $25 million bid for baker hughes. centurylink's $34 billion bid for level 3 communications.

a small part of a historic october, which has seen over $300 billion worth of big business deals. lido isle advisors and james freeman of "the wall street journal." jason what i'm thinking, people in wall street are believing that eventually rates are going to go up. it will not be as cheap to borrow money. get it while you can, right? >> exactly. cost cutting is the order of the day, and you took the words right now of my mouth. this is sign, i don't know if this is the best sign for the stock market, because i completelyp am in agreement to you, more interest rate sign interest rates are going up. companies are nervous about a rising u.s. dollar. they're finding everywhere way to cut their costs. david: james not all the deals are going through. regulators are cutting a lot of deals, huge deal breaker costs as well. billions and billions of dollars worth. >> deal-making has been one big bright spot in the obama

economy. being a deal maker lawyer has been tremendous. combination of slow growth. you don't want to invest your business, can't get ways to get more customers but you have cheap credit. david: all we need, more rich lawyers, right? >> that is the story. in this economy who is benefiting, basically a lot of 1%ers who rang transactions. you love to see growth opportunities for companies, even with a decent gdp report business investment is not very is good. one thing you can count on mergers where you fire people. david: gotcha. melissa? melissa: homestretch much october has been kind to the stock market. recent opening of fbi investigation into hillary's emails is seeing best returns for the year averaging a positive 1.7%. james freeman, i will ask you, you remember we yeply this,

scary drops in october. you see the rebound in the last five days, usually this stretch we're seeing right here, we're not getting it? >> partly what you expect. we've heard quite a bit given donald trump's very negative comments on trade obviously. that is a big negative for growth. we have heard a lot about how markets kind of expect and want clinton victory. but when you look at the reaction to this news over the last four-days basically, it's, it's kind of a shrug of the shoulders. maybe not the rally that you might hope for this time of year, but i don't think markets really fear a clinton loss. melissa: see, i think, jason, in the short term markets like certainty, they like hillary clinton because she is bought and paid for. they know what she is getting. she has done the speeches, says one thing to one group. says what they want to hear. they feel like they count on her.

you look at donald trump, it is scarier, it is unknown. he talks about redoing trade deals but in the long run you have to think he is better for growth? >> i think he is better for growth mainly because of his trade plans. he wants to reduce our own deficit, that makes sense, generally speaking, doing is a typically harder than saying. i also think, that james is saying markets don't fear a clinton loss. that is blatantly not true. markets are very afraid of clinton loss short term. melissa: short term. >> my crystal ball tells me this, and this is the not call that rocked the world. the markets will go down 2% very, very soon. investors should go to u.s. dollar cash right now. melissa: interesting. david: may be a time to buy. billionaire investor peter thiel spoke earlier why he is backing donald trump and why regulations are killing small businesses. take a listen. >> sometimes big business even likes regulation because it knocks out the small businesses that might compete.

david: james, i think he makes a terrific point here, that sometimes the big businesses like the regulations because it squeezes the small guys and they're not competition anymore, right? why doesn't trump push this appointment on the campaign trail? >> he should. obviously we see that on wall street. i think lloyd blankfein and goldman sachs and others specifically referred to the fact that the silver lining of all this dodd-frank stuff is that barriers to entry are now very high. it is very expensive to compete in that business, and in other businesses, that have high regulation. david: jason, fits perfectly into trump's lingo of you know the system is rigged in favor of the big guy. little guy doesn't have a chance? >> yeah. i mean, listen, i like peter. i like what he stands for generally speaking. he obviously has been a tremendous innovator. i think, gosh, it's complex, right? trump has this whole side of the economic policy which you can easily argue makes sense but peter thiel is a little bit

delusional saying that we shouldn't believe everything trump says literally. he actually doesn't want to build a wall. i think that is kind of nonsense, even on a tangent very quick, james. >> i think main point of the speech, look, all the other voters and i don't endorse everything trump is saying. we're saying that washington's leadership has failed. david: james, jason, great to see you both guys. thank you very much. melissa? melissa: flood of illegal aliens pouring across the mexican border before the next president takes office whoever that might. arizona congressman trent franks will tell just how bad the situation has become in his state. david: really underreported story. we'll get to that in a moment. there are eight days left until the election. the polls are tightening donald trump hoping to win over michigan voters. he is barnstorming through the state today. holding another rally this hour. melissa: fbi director james comey taking heat for how he broke the clinton email news. is he unfairly influencing the election as some are saying? former members of the justice department and the fbi will

weigh in. >> i have to give the fbi credit. that was so bad what happened originally. and it took guts for director comey to make the move that he made in light of the kind of opposition he had where they're trying to protect her from criminal prosecution. at old dominion, we ship everything you can imagine. and everything we ship has something in common. whether it's expedited overnight... ...or shipped around the globe, ...it's handled by od employees who know that delivering freight... ...means delivering promises. od. helping the world keep promises. seconds can mean the difference between life and death.

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david: we got it, folks. late october pure prize came. director comb may said they found emails pertinent to the clinton email investigation. charlie gasparino, they have not looked at the emails to, just te

met at that data, right? >> right. just the metadata i put a interesting timeline how we got hillary clinton being exonerated in july by james comey or retention and use of private email server, whether he broke the law or not based on evidence at hand, which essentially is reopening of the an investigation. and it began with anthony weiner. here is what is interesting about it. we know what came out with anthony weiner. follow the timeline. it basically started when i believe in august anthony weiner was supposed in a british tap lloyd for sexting a 15-year-old girl in north carolina. that is -- state, which becomes is a federal issue -- over state. they investigate it right up front. they find there is legitimate cause for concern there. by the way the child abuse aspect of the department of the new york city police department began the investigation.

they find there is a legitimate complainant in the woman. that is when they handed the case over to the fbi and it became a joint case between the fbi and the new york city police department into anthony wiener's sexting, whether that violated federal laws or new york city laws. remember, nypd has essentially jurisdiction over the five boroughs, not in north carolina. and it was within that context when the fbi investigators began looking at his devices which he apparently voluntarily turned over. they saw the emails in question coming to or going out of his estranged wife's email account which was on his laptop, and that as you know huma abedin, close associate of hillary clinton. remember this began with the new york city police department, an investigation into, you know, potential, i guess child abuse is the best way to put it. david: yeah. >> he was sexting an under age girl. that's when they found the girl

was in north carolina. that they had to bring in the fbi. that's when they got the emails in question. so, if you look at the timeline, david, i guess you and i can both conclude that if we ever thought that anthony weiner would have impact on the election, people would think we have needles sticking out of our arms. david: that's right. >> this is where it goes. david: that is incredible. quickly. >> he is facing severe charges here. if he, if this investigation does lead to allegations and that's where we get the notion from -- david: if he preying on underage women he should be put away a long time. >> this is is the allegation. it is tricky. a lot of law enforcement people think he will flip. david: great stuff, charlie. i didn't know it started with new york city police force. great stuff. appreciate it. melissa? melissa: did fbi director james comey do the right thing? we have a former u.s. deputy attorney general. you were part of the group that

signed a letter saying you didn't think they did the right thing, you say he didn't do the right thing. you call it comey's mistaken request for transparency. how so? >> in our system of prosecution there is unwritten but very widely understood rule that prosecutors and investigators investigate, gather evidence and they decide if they have a case, that they can prove beyond a reasonable doubt, and if so they take it to the grand jury and bring charges. the other part of the rule that is very important to all of our rights is that if they aren't ready to prove a case, the answer is, we are not going to file any charges and prosecutor then closes his or her mouth. melissa: okay. >> that is the uniform practice, okay? melissa: one question -- >> that is what happened in july. melissa: without question but when you go back and look at james comey's testimony when he was taken before congress and he was asked directly, what happens if you find new and compelling

evidence in this case, will you reopen it? , will you let us know? he said yes. melissa: they played back the tape. it seemed like, if he didn't do that, he would face charges himself, since he swore under oath because if he found new evidence he would immediately alert congress? the. >> the problem goes back to the initial conversation that carried long after the announcement of no prosecution was made. it is also a problem to be found in any statement that would put him in a position of being, in some sense, at least in his mind duty-bound to announce a shred of evidence or piece of evidence or laptop with unknown material on it comes in they want to look at. it is not within the power of the prosecutors in this country to hold forth publicly about bad information they have learned about people when they're not ready to file a prosecution.

if you imagine what -- melissa: i totally hear what you're saying. i don't want to run out of time. i agree with your point. >> okay. melissa: since he did it that way the first time around, didn't he need to, given maybe that was mistake, he already did it. in some sense he had to come out and correct the record since that is the way he handled it the first time around? >> i heard, i heard some but not all of his testimony. at least the first couple times he answered the question he said that he couldn't say for sure whether he would reopen an investigation and you would have, if he got new information, and that he would have to look at it to try to figure it out. now if in fact he said, you may be right, i'm not contradicting you, if in fact he said to congress that he would tell them if he to the -- got anymore information, whether it was significance or not, he made a mistakes. he should have said as prosecutor we're not allowed to issue public reports on the state of our investigations. melissa: boy.

>> the net result of it here, if you put yourself in the position of a citizen who is not running for president, and you imagine that there is going to be a running commentary on an investigation when the government doesn't have the goods to file a case against you, you can imagine what a tremendous abuse of government power that is. melissa: no, definitely a fair point. >> here not just unfairness to the subject of the investigation, to hillary clinton, it is unfair to the whole country. because what we've now got is complete case of uncertainty about what are the facts and what consequence should they be given and nobody knows. that is why these things are not made public. that is why transparency in the status of an investigation is wrong. melissa: donald, thank you. i wish we had more time. thanks for coming on. interesting stuff. we appreciate your time. david? david: friday's bombshell would not have been possible if it weren't for the new york fbi investigating the anthony wiener case. is there a disconnect between what happens in the washington and what happens in the field? here is bill gavin, former new york fbi assistant director.

you must be proud of your guys in new york, they did a really good, heroic job discovering some of these connections but, bill, "wall street journal" had a lead piece, detailed piece, fbi is in intern feud between hillary clinton probe between the political or remember ended fbi and the guys out in the field? >> david, i don't think, i think the word feud is a very strong word. the, i know from operational experience what goes on in new york in particularly in a matter like this is totally, daily, hourly, shared with washington, d.c., because the supervisors there, the people in charge there, want to make sure we get a uniform product. and to think that there is some kind of a big rift. was there some disagreement to what the director might have done back in july, certainly there was. but not to the point of insurrection. david: one of the points of disagreement apparently had to

do with the clinton foundation. a lot of agents were finding stuff revealing to them when they were investigating first the clinton emails and perhaps even the anthony wiener investigation but they were begged off by the folks in washington. that is something where the field agents wanted to go deeper and washington didn't. >> well, i can assure you, that the investigation concerning the foundation is not a dead investigation. that is going to continue to go on. if there is something there, they will ferret that out and do so. david: that is interesting, bill. do you know that from talking to agents or what? >> i will say i have a good suspicion that is exactly what is going on right now. david: now the other thing, this guy andrew mccabe. i don't know mr. incomes caib himself. he is -- mccabe, second in commodity manned in fbi. she was involved in the state senate race in virginia. she received about half a million from governor terry

mcauliffe's pac. some say that compromised him in the whole investigation. what do you say? >> i don't know mccabe either. i never worked with him. i think there is system of checks and balances. nobody made the final decision in this case so far accept the director of the fbi. he can get input from everybody involved including mr. mccabe also but final decision is made by director comey. david: sorry to do this we have 10 seconds but do you think comey overstepped his authority what he did on friday, yes or no. >> no, absolutely not. what he did is what he promised to the congress he would do. david: that's right. he made the promise. thanks for coming in, bill. appreciate it. >> thanks. melissa: we're getting news that the department of justice sent a letter to congress saying they will work closely with the fbi on email review and dedicate all necessary resources. hmmm. interesting. we'll see what that means going

forward, right? >> yeah. melissa: all right. yeah, they will work very closely. david: -- president was defending comey today. unlike harry reid. melissa: election day, only eight days away, only eight. we're taking the pulse of voters to find out how the renewed investigation into hillary clinton's emails is impacting the race. plus, mainstream media being accused in the tank for hillary clinton. david: no. melissa: how one campaign contributor gave debate questions in advance. brent bozell from the media research center. >> play straight up with you. i did not receive any questions from cnn. as christian woman, i understand persecution but i will not sit here and be persecuted because your information is totally false.

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david: breaking news from viacom. c suite shuffle. bob bakus, ceo and president following departure of tom dooley in november. melissa. melissa: algations of bias of the mainstream media. wikileaks leading to removal of popular contributor to cnn. peter barnes, with latest. new wrinkle here. >> melissa, cnn cut all ties to donna brazile, interim chairman of democratic national committee after another wikileaks email suggested she tipped off of the clinton campaign about a debate question. this wikileaks email was reportedly from her to john podesta on march fifth, the day before the clinton democrat debate in flint, michigan, with bernie sanders. brazile was vice-chair of the dnc and cnn commentator.

subject line, one of the questiondirected to hrc tomorrow is woman with a rash. her family has lead poison and will ask what if anything will hillary do as president to help people of flint? nix night candidates got this question. >> after my family, the city of flint and children in d.c., were poisoned by lead, will you make a personal promise to me right now, as pet first 100 days in office, you will make it a requirement that all public water systems must remove all lead service lines throughout the entire united states and notifications to citizens that have the service lines. >> in a statement today, cnn said that on october 14th, it accepted brazile's resignation as cnn contributor. it had suspended her deal in july when she became interim head of dnc. cnn said it never gave brazile access to any questions, prep material, attendee lists, back ground information or meetings

in advance of the town hall or of this debate. said, quote, we are completely uncomfortable what we learned about interactions with the clinton campaign while she was cnn contributor. melissa? melissa: last question they tried to make it out like very common wording so you could see how it happened. with that one, there is just no room for interpretation. it is amazing. they have to figure out what happened. thank you so much. david? david: we're joined by media research center president brent bozell. brent, we put out many, many calls to cnn. we've received no response about this story. the news organization says they severed ties with donna brazile on october 15th. now they just told us that today. that is is 17 days ago. why do you think we're just hear about it now? >> sleazy. the whole story is sleazy, isn't it, david? the, the left's idea of truth, the idea of cnn commentator,

their idea of truth is to look "the fox reporter" right in the eye and say, telling straight up truth and they were persecuted because they were found to be cheating. cnn cheated. she cheated with the clinton campaign. she gave the clinton campaign not just the one answer, that she denied giving, now she is giving at least two. one on a debate and one in town hall. david: right. >> the bottom line she was given this information because she would pass it on to the clinton campaign. bottom line, cnn ought not to have accepted her resignation, david. cnn should have fired her. david: just a simple firing. well they do say in their note that came out today, again 17 days after she was left go, we're completely uncomfortable with what we have learned about her interactions with the clinton campaign. uncomfortable doesn't sound strong enough, doesn't it? >> you know, i'm uncomfortable with the ride in my car this morning but you fire somebody, when somebody does that, this

were somebody at fox news, that person, you would be fired within moments if you were leaking information to donald trump on campaign. david: right. >> you would be fired publicly. david: absolutely. not just cnn. it is the mainstream media. yesterday george stephanopoulos had tim kaine on and he asked about the clinton foundation. tim kaine said no clinton has ever received money as a result of the clinton foundation. this comes in the same week that the "new york times" came out with an incredible expo same of exactly how the clintons did benefit quite handsomely from the clinton foundation yet george didn't call them out about it. george of course did not mention his full ages with the clinton foundation. he is a donor -- affiliation. >> it is so incestuous what is going on. now you understand donald trump, the whole movement behind donald trump is this understanding that washington is absolutely corrupt. and national news media and democratic national committee

and the clinton foundation, all one in the same thing. david: right. >> that is the good thing about wikileaks. it really has called out inner-workings of this machine. david: by the way even for something silly as "saturday night live," we got word a skit back in 2008 raised the hackles of folks inside of the clinton cartel and there is the skit back then. they were talking to each other, podesta and others how to stop "snl" from doing this even there, even with "snl" they're trying to get their licks in. >> david, david, they preach tolerance and diversity every minute of the day. this is the most intolerant movement i have ever seen in my lifetime. they will not tolerate any dissension. this is why, david, your viewers need to understand this -- david: quickly. >> why they despise fox news because they can't tell you what to do. i mean that quite seriously. david: fox business as well. brent bozell, thank you very much. good to see you. melissa? melissa: immigration a key issue in the election but are problems

at border getting much worse now? david: with the fbi reopening the clinton investigation, there could be a major impact on the election. >> if these polls were closing last week well before friday's explosive announcement by jim comey, last week we would win the race and we're going to win the race. the pursuit of healthier.

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>> i have to give the fbi credit. it took a lot of guts. i had to disagree with him. i was not a fan. what he did he broad back his reputation. >> i'm sure they will reach they did when they looked at my emails for the last year. there is no case! melissa: all right. hillary clinton and donald trump both commenting on the fbi today as new polls show that the race is very close one week out from the election. in an abc "washington post" tracking poll clinton is leading trump by one point in four-way matchup. in the same poll a week ago she was leading trump by double digits. quite a collapse. the poll shows 59% of voters have unfavorable impression of both of them. they hate everybody.

david: wow. well, democrats are criticizing director comey for reopening the fbi investigation, the white house interestingly is standing by him, take a listen. >> the president doesn't believe that director comey is intentionally trying to influence the out come of an election. the good news the president believes director comey is man of integrity, he is a man of principle and he is a man of good character. david: kristin soltys anderson, republican pollster, "washington examiner" columnist, fred barnes, "weekly standard," fox news contributor, and atima omara former young americans president. that comey is violating hatch act, using position in order to influence an election. the president according to josh earnest says absolutely not. who do you believe, president obama or harry reid. >> well, i'll say this.

i do know that there have been about 100 doj and former fbi officials who signed on to a letter who said it just wasn't appropriate for fbi director comey to come out and say anything about it without having all the full facts, without even having clearance to review emails until today. david: so you disagree with president obama and agree with harry reid? >> oh, i agree with primarily with president obama that i believe -- david: you can't agree with both them. they say exactly opposite thing. >> they are saying exactly opposite. i say i'm closer to what harry reid is saying. i do think an issue come across on both sides, both officials from both parties agreeing. david: what we have here is a real dilemma by democrats not only what they said in the past, we'll play the tape in a second, but what president obama said through josh earnest that he stands behind the fbi director.

let's play the sound about democrats talking about comey in the past who changed their opinions today. >> okay. >> this is a great man. we are very privileged in our country to have him be director of the fbi. >> wonderful, and tough career public servant, jim comey. jim was in the u.s. attorney's office in the eastern district of virginia when i was the mayor of richmond. he is somebody with the highest standards of integrity. david: now, they're saying he is a criminal. this is quite a dilemma for democrats, fred. >> no kidding. i was struck by the bite from hillary clinton where she said this will show just what all the other emails showed. you know what they showed? they showed something like 11110 examples of emails that either came to her or were sent by here that had classified information in them. i'm convinced the entire clinton mpaign and a lot of obama administration, at least justice

department, is so upset about this, because they suspect that there is going to be more classified information found there and that will be, we may not know about it until after the election but it will be harmful whenever it comes out. david: kristin, there is no way that the fbi can go through hundreds of thousands of emails between now and election, no way at all. why then is mike pence, the republican vp nominee, coming out and saying they have to release everything? that would be in violation of the rule of law, would it not? >> i think what they're doing right now is the republican campaign is excited that this is better news cycle for them than they have had in the past and i think the fbi is in really tough spot what they release and don't release, because if you think about it, i'm sure someone at fbi, thursday of last week, they discovered that there was some kind of email in this anthony wiener situation that was related to the investigation and they said, look, we're in a bad position. we either say something now and democrats are going to be mad at us, or we don't say anything, comes out two weeks from now. david: without a warrant they

would be in trouble. bottom line, very quickly, kristin, do you think mike pence made a mistake saying the fbi should release everything, because they don't have time to release everything? they have to keep, keep some integrity to the investigative process. >> yes. i think they should have full integrity of the investigative process. i don't think the fbi should make decisions about anything they do pertaining to the timing of election. if they find out on thursday something is pertinent and want to announce on friday, even if election is coming up, that is what the fbi has to do. i don't think jim comey is bad guy for having made this announcement on friday like he did. david: good stuff, guys, thank you very much. appreciate it. melissa: early voters turning out by the millions but some clinton fans wonder if they made the right choice. what they have to say about the fbi political bombshell. that's next.

melissa: early voting underway across the count and more than

21 million votes have already been in cast. in battleground state of florida, close to a quarter of the electorate already voted, can you believe that, but is the new probe into hillary clinton emails changing any minds? adam shapiro is at polling site in tampa with latest on this one. adam? reporter: hello, melissa. the key for people what kind of impact about the latest revelations that the fbi reopening investigation into emails of hillary clinton, what impact will that have on voters? we have interviewed voters from southern florida, central part of the state. it seems to be consistent theme. i made my mind up weeks ago. let me let you listen to what people are telling us in their own words. >> i had already decided who was going to vote for, and it just proves to me that i voted for the right person. >> it hasn't influenced my vote in the very fact i had already made my choice. but i think it is good that it

comes to light because we need to be aware of what is going on. we need to be aware, you know, the hidden things coming into light for voters who are undecided. reporter: so, melissa, i want you to take a look at the numbers, statewide, and who is leading and what is going on here. first, early voting by mail. republicans are winning this race, 852,077,000 ballots were oned by registered pubs democrats 761,298 ballots. look at who is winning real voting race. getting off your tush to go to polling place to cast a ballot. democrats 739,110. republicans, 683,484 have voted. the key republicans are leading in the race to turn out the vote. democrats say, no big dealings, because even though minor

increase and minor lead by republicans, democrats say they are base is charged and will show up. republicans say where are they? first weekend of early voting has passed and republicans like to point out it didn't exactly go so well for democrats. they didn't turn out in numbers everyone anticipated. as i throw it back to you, one thing to remember in hillsborough county where we are right now, there are 100,000 new registered voters compared to four years ago. that is trying to draw comparisons today versus four years ago, difficult to do. melissa: amazing. all going to go down to the wire. adam, thank you so much. david: well, democrats and republicans colliding over the email investigation. democrats, at least some of them, blasting james comey's decision to reopen the case but many republicans are applauding his move. arizona congressman trent franks is here next to weigh in many people clean their dentures

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melissa: as the fbi is reopening the clinton investigation, many republicans are applauding director comey as democrats are angered and worried. my next guest, member of the judiciary committee, congressman trent franks is republican from arizona and he joins me now. boy, lots of things to ask you about there. let's start with fbi reopening the case. what is your reaction to that? >> well, melissa, i guess my first reaction if this were not very that the fbi would have made this kind of announcement prior to the election. i think that it is really an indication of how significant their findings are. secondarily if hillary clinton were not so intense about suggesting that they should release all of the information now, i think that's a sort of a ruse in my judgment because she knows that they can't release the information until the investigation is complete.

so this is her way of trying to downplay the significance of it, just to boldly come out saying release it. but she knows that can't be done. i think it is of great consequence. melissa: let me ask you as well, we're hearing report of a surge in immigrants coming over the border from mexico into your state now as this presidency comes to an end. are you seeing that? what's your reaction to that? >> yes. we're seeing not only record number of apprehensions but here is the thing of consequence. in that a lot of immigrants that have come over illegally are now refusing to leave. so they're being detained. those detention numbers are of at charts. and they're being essentially, i think, hidden by the obama administration. so it is a great consequence to us here in border state. melissa: your state is the epicenter of some problems that are the focus of this election. besides immigration, obama care, you've seen huge increases. are your, voters in your state

talking about that? what do you think their number one issue is? >> well, i mean, certainly the obamacare issue is a huge one. when i gave my last speech as we lost that battle on the floor, i said we will revisit this because the numbers don't work. we're indicating that arizona will have 116% increase next year in our premiums. 116%! that is astonishing. of course the biggest issue for arizonians like i hope all america, we are in an election that is of the most profound nature. the direction of the nation is at stake. and i pray that we do not put someone like mrs. clinton in the white house. she has brought corruption to politics and in absolutely unprecedented scale. melissa: we have to go now. sir, thank you so much for joining us. we appreciate your time. david? david: it is really the epicenter. melissa: it really is. david: have you voted already? do you have voters remorse?

if new revelations on hillary clinton emails wanting to turn back time, we'll show you a state where you can change your vote. approve this message. i could stand in the middle of 5th avenue and shoot somebody and i wouldn't lose any voters, okay? and you can tell them to go f**á themselves. you know you could see there was blood coming out of her eyes, you gotta see this, i don't know, i don't remember. he's going like 'i don't remember.'

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melissa: in pennsylvania you can go in person on election day, say, forget that other thing. david: there is a way to vote with your heart. lord knows there are probably a lot of people changing their mines right now. melissa: i don't know, "risk & reward" starts right now. >> it took a lot of guts, i was not his fan, what he did, he brought back his reputation, he has to hang tough there is a lot of people, want him to do the wrong thing. another 650,000 e-mails. i think that called the mother load. we never thought we would say thank you to anthony weiner. liz: donald trump capitalizing on fbi new investigation into hillary clinton's e-mail as wikileaks drops another round of brand-new clinton campaign e-mails. we have all new details, i am