able to get the state department to release just today. we thank you for joining us tonight. good night from new york. kennedy: who would have thought entire u.s. presidential election would come down to anthony weiner. could f.b.i. director james comey face prosecution himself? harry reid thinks it comes down to the hatch act. should libertarians follow gary johnson to the polls or pull the lever for donald trump. grab a map. it gets spooky. this one hell of an october surprise. the internal conflict within the

justice department boiled over when james comey notified congress they were moving forward into their investigation of hillary clinton. attorney general lynch obviously shielded hillary clinton from indictment and somehow kept her informed of the departments unlikelihood to press forward which allowed hillary to brazenly express her innocence. hillary's hubris wasn't as overt when she held a news conference friday. >> we heard these rumors. we don't know what to believe. i'm sure there will be even more rumors. that's why it is incumbent pointed f.b.i. to tell was they are talking about. because your guess as good as

mine. >> my guess is loretta lynch is dealing with an f.b.i. director who has gone rogue. in the clinton foundation they were not authorized to actively pursue. they were shut down by andrew mccabe whose wife was given $500,000 by terry mcauliffe. terry mcauliffe also being investigated. dems are trying to make weiner the fall guy in all of this. a professional reputation beyond repair, maybe even losing custody of his child, it could be edtold the f.b.i. where to look for those 650,000 emails backed up from huma's the smart

phone. anthony weiner is a slimy fight more has run out of options. by hillary and her team's own admission they have no idea what they are dealing with because they don't have loretta lynch protecting them from tun foreseen fallout. and they can't even blame it on the -- on the russians. hillary clinton's team drinking a lot of maalo -- as her significant lead in the polls collide with james comey's unexpected bombshell. is there time for wiener gait to blow over or will this follow hillary to election day.

anthony is here and nomiki. the oddities just roll on. you say that this whole thing whether you are republican or democrat is lose-lose. >> it's lose-lose for comey. if it came out after the election they came across this additional information and sat own that until after the election they would be getting the same politicalization accusations. kennedy: they have been sitting on it for weeks. >> if he wanted to swathis election at the time he could have. i don't think he had political motivations. but he realized he was damned if

he did and diamondned if he didn't. kennedy: on july 5 when he held that press conference and make that statement, he chose to not tremendous charges. but it doesn't take that much to move the race. once again it's so close. she had a 12-point lead in the post poll. that's down to 1 point. that was taken before the friday revelations. >> i love that the people praising and criticizing comey completely changed slots. it's hilarious to watch. political motivations? i don't think so. i think he's trying to save his own ass. it bit him. kennedy: so much came out between july and now thanks to wikileaks and f.b.i. leaks and so much the department knew

about when they were look into the investigation. a lot of people were asking, how could you not press charges? what do you think is going on here? >> i'm one the few democrats who will say this. i think comey is a good guy in a tough position. everybody is criticizing something he's doing what he would normally do. he's releasing the information that they are looking into this. it's an investigation. anthony weiner did this only a few weeks ago a few weeks ago. perhaps this is something where weiner is making a deal. kennedy: i think he knew what he was sitting on. i don't think the f.b.i. agents stumbled on to this. i think they were directed toward this material. anthony weiner. this was the last bargaining

chip he had. judge napolitano said weiner could be facing 50 years in jail if he has pornographic images of a 15-year-old on his laptop. >> i think the most probable cause of this sort of renewed probe into clinton is the possibilities that emails on that computer were not turned over to the f.b.i. in the first place. it may or may not implicate hillary. but there is a probability it implicates huma. so you are talking about serious potential charges. kennedy: 650,000 emails. if even a quarter of those are work emails, that's a stunning amount stunning -- amount of information. it goats to the carelessness

comey point out at his press conference. she is in the middle of a separation with a guy who is a nut. all you have to do is watch that documentary. >> the divorce is going through because of his pore graphic -- his pornographic lifestyle. not the emails or things that pertain to hillary clinton or her campaign. huma is firmly in hillary clinton's campaign. you will never see her next to hillary again. >> the debbie wasserman-schultz situation, we'll take you out the dnc but make you a chair of our campaign. kennedy: it's the hypocrisy people are sick of. the party panel returns a little bit later.

should we be worried. judge napolitano is here to explain. harry says he may have broken the law. i have asthma...

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kennedy: f.b.i. director james comey may be prosecuted himself in some regard if we are to believe an angry letter from senate minority leader harry reid. he says his office is investigating whether comey violated the hatch act which bars federal officials from influencing an election. joining me is senior judicial analyst andrew napolitano. comey said the investigation moving forward because of emails they found on an unrelated laptop. >> i'm not on the left but i share the outrage.

this is a violation of due process by putting out the tantalizing hints that we have something against mrs. clinton but we won't tell you what it is. it violated f.b.i. regulations connecting anybody whose name is on a balancing lot within 60 days of an election. but it did not violate the hatch act and is not a prosecutable crime. the hatch act replies to everybody except from the president and vice president for campaigning for candidates while in office on federal property and using federal assets. as wrong as jim comey was to have sent that letter friday -- ken were what does he do? if he has 650,000 emails and he withholds them until after the election and you said today on "outnumbered" that if hillary clinton is elected president and

she charged with a crime or convicted of a crime while she is a sitting president. >> that's correct. but his is snoots job of entrance parent i it's not f.b.i.'s job to expose the misdeeds of political candidates. kennedycandidates. he made two announcements as f.b.i. director which are utterly unprecedented. the first which you and a lot of our colleagues condemned where he said there is not enough evidence to convict. then describes a mountain of evidence against mrs. clinton. that statement caused such scene uproar in the f.b.i. that the pressure on him was to correct it. which in my view made things worse. kennedy: he has to pacify his

agents who are clearly upset. they were shut down by the justice department. the attorney general met with the spouse of the woman running for president who is a former president who also -- their long-time henchman is being investigated gave a half a million dollars to the f.b.i. dem director's wife. napolitano you just sum vietds without coming up for air case against the justice department in a brilliant way. this justice department might as well be called the department of political justice which is what bill sapphire called the the department under jimmy carter. did the attorney general recuse herself from this case? yes and no. did she seen it papers of recusal which would have barred anybody in the justice dprept talking to her? no.

she is now back on the case. when james comey said sheer boss i'm going public with it. she said no you can't. if she was off the case she shouldn't have been involved in it at all. the f.b.i. which got a search warrant for the contents of the weiner-and continu-and-huma lap. the f.b.i. said we need to investigate her to see if she lied to us. is there a mention of mrs. clinton in there? no, there is not. it's very, very clear what he's talking about. this is like a trial, you are on trial, we won't tell watt charge other evidence begins. but we'll let you know when you

are convicted. mrs. clinton, we are going to keep investigating you. that is not due process in america. kennedy: it's like when we were outraged when the americans were held captive by iran. i don't have a ton of sympathy for hillary clinton. >> but she has hah right to justice. to every one of our colleagues and every supporter of donald trump who is rejoicing with what jim comey did, i warn you this could hoopter way around when the f.b.i. direct injuries whown goes after somebody else that you really like. kennedy: look how both parties flipped. democrats elation has turned to defor example overnight.

appreciate you being here. kennedy: coming up later. will hillary clinton's f.b.i. case make a dent in her popularity? first, should libertarians stick it out with gary johnson or down a shot. ...as a combination of see products.. and customers. every on-time arrival is backed by thousands of od employees, ...who make sure the millions of products we ship arrive without damages. because od employees treat customer service...

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kennedy: does liberty and

liberty lovers double down on a protest vote or do they choose between donald trump and hillary clinton. and if they choose the latter which one best fits the party? knick gillespie will be a debating economist on this topic in new york city tomorrow night. there are quite a few libertarians making a case for donald trump. walter block, the noted dmift and free -- note economist said donald trump's foreign policy alone would be reason enough to elect him because it will be good for the economy and good for liberty. is he out of his mind? >> i won't say who people should vote for. i'm not going to vote for donald trump. if you believe in free trade and open immigration, if you don't

want people to get rich based on their connections to government, if you like free spiecht's hard to facebook pro donald trump. kennedy: this something economists talk about because it could spooked the market if you have a president talk about 35% tariffs on certain countries for certain products. we talk about free trade and totally open trade. both major party candidates are averse to that. >> i think this is one of the things for me. i suspect for a lot of libertarians who say i'm going to vote for donald trump because it's the lesser of two eestles. why do -- lesser of two evils. i vote to express my sensibilities. in this case gary johnson comes the closest to that.

this an oxford-style debate. so the resolution is libertarians should vote for donald trump. and i'm take the negative of that. but more importantly there is that question of how important is the president compared to the congress? i think one of the benefits. this is a horrible election season. we are horrible. one of the things that may come out of it that's good is congress is talking about pulling back its responsibility and saying the president is not the decider-in-chief and they don't get to do everything unilaterally. if trump or hillary clinton wins you will see a resurgent congress that will say in we do need to build a consensus. kennedy: the last two administrations -- >> it's a republican and

democrat it's interesting people like mike lee, the senator from utah, the republican, is pushing the idea of a stronger congress. he starts that conversation by saying george bush had too much power when he was in office. barack obama has done that. hillary clinton and donald trump. that's part of their appeal. >> more government means more power concentrated right there. let us know the outcome. nick gillespie. the man in black. gary johnson will be joining me tomorrow night. a new wikileaks dump is rubbing salt in the clinton campaign's wounds about a moderator feeding questions to hillary ahead of time. how did this happen? the pursuit of healthier.

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kennedy: new wikileaks appear to show the democratic chair pren donna brazile leaked questions before the cnn debate to hillary clinton. now cnn says the network is completely uncomfortable with her actions. the party panel is back. you know donna brazile, you have known her for years. you are saying she is considered to be an independent democrat.

>> independent is a stretch in today's political climate. she is somebody who is always friendly. she came up through the jesse jackson era. she chaired gore's campaign. i don't think anybody thought she was lock step with the clintons. kennedy: she was never considered a clintonite. >> but with that being said. getting rid of donna brazile is probably going to go on and do something afterwards. that's not a big risk. what they have is a whole set of contributors who are on the books have contacts on the campaign and surrogates during the primaries, running super pacs, lobbying for the children tons, they are getting money

from cnn and the clinton circle. so they are making a ton of money off of this. literally one person, he didn't get any money for bernie. kennedy: it shows you how different the race would have been if these leaks had come out sooner when voters would have been better informed on what the dnc was doing to bernie. >> now the head of the dnc, we are looking at two liars and cheats as far as that goes. wasserman completely screwed over bernie. it's called cheating. it's not ethical to do in an election where you are bank on the people's trust. she was on megyn kelly's show

trying to defend herself it was was -- it was a terrible attempt. she said that's rumor or that might not be true. we find out it was absolutely true it was lying and ask cheating and giving her an unfair advantage. kennedy: another revelation came out today. as you may have noticed donald trump is quick to credit the f.b.i. for its good work. >> it took guts for director comey to make the move he made in light of the kind of opposition he had where they are trying to protect her from criminal prosecution. kennedy: now trump has for months claimed the f.b.i. is corrupt and the bureau has been conspiring with the department of justice to get clinton elected.

the clinton campaign has long praised the f.b.i. as a pair began of virtue. now hillary clinton singing a different tune in regards to james comey. >> i'm sure a lot of you may be asking what this new email story is about and why in the world the f.b.i. would decide to jump into an election with know evidence of wrongdoing with just days to go. >> the whole thing stinks and it's a microcosm of this absurd election it's a rorschach test. it's obnoxious, it's expected. it's just sort of where we stand in this partisan era we are in. kennedy: it's a question on the

match.com survey, how do you feel about james comey. >> if you were looking at hillary clinton and she was ethical her entire career and this came out, you would say stop it. but it's her history that makes you go yes, i absolutely believe there is something going on with these emails. kennedy: people are not dumb. they are not dumb. they are exhausted. they are beaten down. but they are not stupid. that's the unfortunate thing. coming up. anthony weiner back in the spotlight but not for allegedly groping a 15-year-old girl. but for ruining hillary clinton's shot at the oval office. does the gop have a new best friend other than james comey? these goofy glasses.

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kennedy: if anthony weiner isn't on a one-way flight to bolivia he should change his name back to carlos danger. maybe he could get a job working for donald trump. >> thank you, anthony weiner. kennedy: oh, my garden. should anthony weiner be watching out for a drone strike the next time he goes out? anthony, you are sort of loosely involved in this story. you were telling us during the break you are single handedly responsible for breaking the anthony weiner sexting scandal.

>> we had andrew breitbart on the show and he had his phone with the offending member. exposing himself and was passion it around. he wasn't going to put it out to the public. but i passed it in front of one of the video device going out to the internet and people snaps pictures of it. kennedy: and this latest scandal with the 15-year-old is ending his marriage. i think that's why he's pulling huma down with him. if anthony weiner is turning on his wife saying my life is over, your life is over. what are the chances huma does the the same thing to hillary. >> i think huma has more loyalty

to hillary than weiner has to huma. he apologized and said i made a huge mistake and i'm going to repair my marriage, then he does it again. kennedy: you hear a little bit of clamoring that huma should be out, too, but all she has to do is pick up the phone and tell hillary, i know everything, you can't get rid of me. >> most of the people in the hillary circle believe the bs they are throwing out there. they believe all these arguments because they are only around each other and it's yes-man syndrome. they believe it's all russians and wikileaks aren't accurate. even those who don't are like john podesta who have to operate in the real world. what hillary did was wrong. and as a democrat i wish they

would show a little humility. like what donald trump did was wrong. i can't wait until we get past this election. kennedy: let's see where we are in a week if the story is gone. if this story has legs and keeps going for another week, it can have some serious consequences. party panel, anthony and nirks omi, thank you very much. the lateest poll says hillary's latest woes may have a don't in her election day. charlemagne tha god has spoken to hillary several times. we'll tell you by the next. ♪

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kennedy: the october surprise rolls on like a jack-o'-lantern down a steep hill. lit all blow over before election day? the latest abc "washington post" poll says the f.b.i. case makes no difference in their vote but 34% say they are less inclined to vote for hillary clinton. joining me, charlamagne tha god. you interviewed secretary clinton a couple times. you have been i am brelsd her answers? you ask her tough questions. >> when i talk to hillary i never talk about politics. so i talk to her about more important stuff like who she

likes best. when we interviewed her last week i was talking about her fashion sense. and she thought decca records was a fashion house. kennedy: i just think they are wonderful. hillary is old, though. i guess because barack, we are spoiled, we want our president to be in tune with pop culture. kennedy: he seems like a decent person you have would have fun making cultural's references. presidents have to order wars and drone strikes. they all got blood on their hands. but it seems like hillary has more blood on her hands.

kennedy: and for a democrat she is more a war monger. and would extends young people war, some of them to their imminent death which is disconcerting. not all presidents. this president now orders a lot of drone strikes which is something i'm not crazy about. i's had more deportation, way more than president bush. that's my issue with the drones. usual not sending people, you are just killing people indiscriminately. we talked about this before we started. young black millennials. it's not that they are not politically aware. we know the millennial generation is very aware. but you say they are not get out to vote. they are not going out to vote. >> it many the lowest it's ever been. i think they don't feel

energized. they don't feel like their issues are being addressed. they felt like he was talking directly to them and for them. we don't feel like there is anybody out there talking to young black millennials at all. they are seek out independents. they don't have faith in government anymore. they don't people any head of state can change their present condition. kennedy: you and i talked about bernie sanders a year ago. that's why their campaigns caught fire with young early voters and disenfranchised voters. but they just can't stands these establishments. and it's been a revolution in that way. >> that's my thing with hillary. with hillary at least we'll get more of the same. the radical change i'm look for

won't come from donald trump. kennedy: you and i had dinner earlier this year and we talked about -- you posed one of the most interesting questions about donald trump. if someone told you before he started running donald trump was going run for president, what kinds of candidate do you think he would be. you said you think he would be the guy who would fix the economy and that's it. do you think if he would have stuck in that lane and didn't talk about immigration and some of the other issues that have been somewhat distracting would you have voted for him if he just talked about that? >> in hienlds sight it's tough -- in hindsight it's hard to say that now. if he seemed like the guy to bring radical change but not running on a platform of hate and bigotry. i would say what is the least that can happen if donald trump is our president. but not right now.

kennedy: the status quo is not work for many people. another election is next tuesday. they have their sniens their yards tore months, they wear their t-shirts and hats. but the undecided voters, it may affect them. but those who will vote for regardless. they don't care what's in the emails. kennedy: can you figure out which celeb ri --which celebrith all the makeup?

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kennedy: it's all hallows eve. limits carve up this news pumpkin.

it's a trick and a treat. this is the "topical storm." it's like a sugar-coated hooker. a trick and a treat. topic number one. rather than dressing as a slutty. they carve out a pumpkin covered with candy corn and a new phone. can an iphone 7 withstand a 100-foot drop protected only by a gourd and some sugar? >> i see it. the light is on. kennedy: it works.

the phone still works. it shattered, that never mattered. if you can think of ways to torture your communications device before you turn into a pumpkin tonight, i would love to see it. i don't care if you smack your phone with a hammer like hillary clinton's i.t. guy. just upload it to our facebook page. do it for liberty, not just for me. topic number two. katy perry has been stumping for hillary clinton so hard, it's almost like katie wants to be her. so she has a team transform her into the democratic presidential nominee so she could be fully facially committed. watch this.

i don't know why katie don't say much in that video. but she doesn't. she dances real pretty though. hillary clinton was so flattered that katie put on all those layers of goo, hillary started to add a few possible the prostr own. topic number three. you want to see something fantastic? of course you do. here is something fantastic. [♪]

it's not quite a rusty trombone. but any time you can combine guns and brass instruments. everyone is loving this locked and loaded rock star. even the addams are feeling it. here is foot and of lurch getting into the groove. weird. topic number 4. there we go. would you like to impress your lady friend? should you buy her flowers, run a marathon or sneak into a panda habitat. that idiot on the screen, he

lept into a chinese enclosure. the animal wrestles him for several minutes. neither man nor bear suffered any lasting injuries. just emotional bruising. unfortunately because we were all kind of hoping it would end brutal, but it turned into this. great camera work. that is a disand relative of ling-ling. topic number five. self of you keep writing into the show trying to convince me

cats are sweet furry creatures. this cat seems pretty nice, right? [♪] but your pets are terrible. they are even worse than pandas. have you ever tried playing fetch with a panda? that was awful. still, cats are worse. thank you for watching the show tonight. you can follow us on twitter and instagram @kennedynation. email kennedyfbn@foxbusiness.com. this week on the show i'm going to talk to the three big remaining third party presidential candidates tomorrow. libertarian gary johnson wednesday, evan mcmullin and

jill stein thursday day. so much to look forward to this week. are there any superstitions if a black dog crosses your path you are going to die? no, because dogs are great. >> an ancestor they knew nothing about... >> i went through 50-some-odd years of my life and had no clue. >> an inheritance they can hardly believe... >> what was your reaction as you opened those first boxes? >> it was mind-blowing. >> why does andrew green have george washington's will? >> bare-knuckle politics, cold-blooded murder, a legacy all but snuffed out... >> this was a cloud of suspicion of having lived a double life. >> what did they do? >> what are the chances that those boxes would've just been trashed? >> very good chance of that. >> what would you do? >> well, it drove me crazy. >> how 'bout 6,000? >> and what's it all worth? >> you think you'll ever get another auction with a story like this? >> no, i kinda doubt it.