fray. just world series judge jeanine is up next. "new york times" faces tough questions after publishing donald trump's confidential tax record. the donald's top economic adviser is here live. plus -- >> not looking forward to that debate on tuesday night. >> just got to be myself. >> given the age of the presidential candidate could the vice presidential debate have an impact on polls? we'll preview the face off between the men who could be a heart beat away. then -- >> i got some millennials. >> last night i asked millennials what they want in a president.

tonight i will ask an expert why they are not coming out for trump. justice starts now. breaking tonight, donald trump says confidential tax records published by the "new york times" were illegally obtained. welcome to the special sunday edition of justice. i'm judge jeanine pirro. those tax records were published in sunday's times without donald trump's consent. his campaign and supporters say all that they show is that trump did nothing illegal. with me now is senior economic adviser to donald trump campaign. good evening, steven. bottom line, no suggestion that what donald trump did was illegal but essentially what has happened is there is a claim not confirmed or denied by the trump

campaign that with a $900 million loss in 1995 he is allowed pursue tonight tax code to move that net operating loss through the next 15 years on his tax return. now, you and i and maybe people understand economics, but how will orderinary americans see this? >> i am so shocked about how much attention this story has gotten. i read the article and i said there is nothing. they had one page of one of his tax returns from 15, 20 years ago saying he had a large $900 million loss on business operation. every farmer watching the show, every rancher and small business man and woman knows when you have a loss you are allowed under federal tax law to carry that forward and you can use that to offset against the profits that you make in future years.

it's a hallmark. it makes it feel like it is a scandal that donald trump had the one year loss. and then they had insinuation and they kind of implied they didn't pay taxes. >> the trump campaign neither confirmed nor denied. >> donald trump has not released his tax returns. >> 46% of americans say they probably -- he probably should release his tax return and 52% say it is no big deal. does this change the public perception of the tax returns a and. >> i never talked to him about

this. here is the most important reason. the left is ubseszing about all of these issues that have nothing, miss universe, tax return story. hillary clinton doesn't want to talk about the issues of the day. she doesn't want to talk about the economy. she doesn't want to talk about jobs and law and order. >> donald trump is giving them the ability. talking about miss universe. >> he has to be more disciplined. let me go back to your issue. >> there was a crime perpetrated. >> i'm going to get to that. i want to refer you now to the federal code which makes it clear it is unlawful for any person to which information is disclosed information unauthorized by the title to

print or publish in any manner not provided by law and this is a felony. >> you know the law a lot better than i do. we know the irs has been so politicized under barack obama. we see the way it happened the way they persecuted conservative organizations. i think this may have been someone within the irs under obama who leaked this information. >> the "new york times" when they had information that went against their liberal information they said since the documents required illegally and were never intended for public eye they won't be posted in the "new york times." it isn't the "new york times" showing its bias is so obvious

it is reported that they were willing to be prosecuted to get this out. >> the "new york times" three or four weeks ago actually admitted that they are no longer going to be in power. they feel donald trump is such a tyrant and so bad for america they don't pretend to be impartial. i love the story you dug out because it shows how hypocritical they are. they said this was obtained illegally. they obtained the irs document from donald trump's irs records illegally. there is another point here. conservatives watching the show, stop getting the "new york times". they are no longer impartial. joining me now david davela.

guys, what do you think? does this story matter to the public? and number two, do the "new york times" commit a crime? >> there is no evidence that "new york times" committed a crime. >> i just read the statute to you. it is unlawful for any person to disclose information unauthorized regarding tax returns and it is a felony. >> probably a statute of limitations issue here. i'm not convinced that there is a crime here. >> danielle, statute of limitations has nothing to do with it. they release the information. are you saying they have had this for years since 1995? >> absolutely not. >> no statute of limitations. >> first, is there a problem here for ordinary americans and what do you think of what the

times did? >> this won't change one decided voter's opinion. if this is the october surprise by the clinton campaign we have lowered the standards on what a surprise is. this is all new information here. hillary clinton's campaign said that. the person who committed the crime here is the anonymous person who turned it over to the "new york times." you can debate whether "new york times" is complicit in this. the person who committed the crime isn't donald trump. >> then there is a question as to whether or not in publishing it. donald trump is a business man. should he have said to the federal government i want to pay you money even though i don't

owe you money? >> it is the difference between what is legal and what is moral. if you are going to walk the talk you should talk the talk. >> officials have said there is a reason he is not -- >> anything other than a page from the '95 return. >> and tax specialists not one has said 20 years you can not pay taxes. >> accountants make a living off of making sure americans pay what they need to pay but get the maximum benefit to what the current tax code said. americans vote with their pockets. that is why americans leave high income tax states and move to low income tax states. states like connecticut and states like tennessee picked up population because they don't have an income tax.

americans don't have a problem with using the tax system to their advantage. >> i want to get to another question. all of you watching tonight he paid nothing in federal taxes because the only years anyone has ever seen were a couple of years referring to '78 and '79 when trying to get a casino license. there is something in me that tells me she knew this was coming to the "new york times" and that is why she bumped it up in the debate. do you think she knew? >> i don't think she knew at all. most people watching in canada who gave mitt romney a very hard time about his tax return to give president obama a huge amount of trouble for paying 20% of taxes in 2008. he has put this when he has been in the peanut gallery he has been throwing shells and giving people running for president a huge amount of trouble and it is

only fair that it comes back to him. >> at the end of the day don't you think americans are thinking to themselves i want a smart guy especially a guy who says i'm going to get rid of this tax code and the absurdity of what people have to go through to understand it and follow it. >> let's be honest, it is his lawyers and accountants. anyone with money can hire the best people to do their taxes. it's working american whose don't have those advantages. i think people standing up saying if it is good enough for me it is good enough for you. >> maybe they ought to change the tax code to take advantage of it. isn't it kind of ironic that what you got is the democrats saying shame on donald trump because he took a legal tax deduction and not saying anything that she actually erased classified e-mails that the fbi director had to swear and say she not only lied about it but she deleted our personal

public documents? >> exactly, judge. the clinton campaign has decided we have to make him look like he has used laws to his advantage just as we have so that we are all the same. we are all in this. the reality is she has been doing this for 30 years in government and you point out a number of great examples. there are all the advantages she did with theclipten foundation, how they use that to benefit themselves. her strategy is now that you might say he is just as bad as i am. let's muddy this all together. >> very quickly because we have to go. another week of talking about his tax returns as opposed to the issues. will the vp debate change it? >> i think it will. >> no. >> okay. good to see you both. thanks so much. and with just 37 days until election day the polls continue to show an extremely tight race.

here with more university of virginia professor of politics joins me now. good evening, professor. thanks for being with us. >> the crystal ball is cloudy and cracked. >> she has a three-point bump after the debate. does it matter? is it permanent? does the vp debate effect it? >> nobody knows. you get a bump up after something good happens. she got a big bump up after the democratic convention. as you know it all faded. it took a while but it all went away and we ran a tied race and then the first debate was judged by the polls that i saw. she got a three or four point bump out of it. the fox poll was the only good

national poll that i have seen that came out friday. we have background polls that are interesting. >> we are looking at hillary clinton in the four way race beats him, as well. we have this unusual sense of electorate where i am going to vote against that person as opposed to voting for my person. it is not pro candidate. it is anti-the other guy sgrmpt had i think a fox poll showed 57% of american voters were saying they are not really going to the polls so much to vote for a candidate. they are voting against somebody they really don't want to become president. it is a phenomenon called negative partisanship. we have such a deep laly polari

electorate that that is the way it is going to be for the time being. that election and maybe future elections. >> the recent comments that hillary clinton made about the basement dwellers and millennials and the fact that they want free college tuition. millennials may be the group that determines the election. >> they are a larger percentage of the vote that many people think if they turn out. it is pretty clear that at least to this point clinton has not been drawing nearly as strong as obama did, twice. so clintb has a long way -- ber sanders is out there defending her. we'll have to see which one dominates in the end. >> we know what the numbers are. most people aren't bothered by

it although i don't know what was it 49% cared about it. whatever it was. does this muddy up the waters? do people say now i want to see them? >> yes. supporters of hillary clinton and maybe third party people. one thing we have learned about the trump campaign. nothing he does will cost him a voter. remember when he said i can shoot somebody and i wouldn't lose backing? truer words were never spoken this year. it may help clinton to excite parts of the democratic coalition that haven't been very excited about it and maybe draw a few undecideds. >> as it relates to women very quickly, professor, is she moving the needle at all regarding women voters? >> to this point we have the

largest gender gap ever recorded. women are wildly disproportionately supporting clinton and men are supporting trump. men are from mars and women are from venus and once again we are proving it. >> thanks so much for being with us tonight sfwlmpt can thank you, judge. and policing in america. still ahead i'll get to the bottom of the stop interest issue that is back in the news after the presidential debate. speaking of debates, veteran republican operative is standing by to preview the vice presidential show down. i will tell you why i think this could be the most important vice presidential debate in recent history. don't miss it.

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we are less than 48 hours away from the vice presidential show down. what effect will it have on the race as trump and clinton continue to campaign hard and battle for the swing states. let's ask republican strategist. brad, for the first time we're going to have americans voting

for presidential candidates hillary clinton 69 and the other donald trump 70 when they go to vote. is this the base between the vice presidential candidate significantly more important given the advanced age of the presidential candidate? >> i think you're absolutely spot on. sure it is. the american people have to see that the people who are representing the second spot can move up to the first spot if they are called upon to do it. the first task for the vice presidential nominee is can you be president and the second is can you defend and that's really their main job. when they are vice president they are called to sell policy. >> we saw that hillary baited donald in that debate. is kaine going to bait mike

pence. the fact that she is pro life and that he is against gay marriage. how is he going to handle that? >> i think he won't take the bait. mike pence is a seasoned politician. he is not going to go there. if anything he is going to say we have been through this already. i appeared before the convention. i accepted the platform. i accepted my party nfs nominee and i'm his partner. while we may not agree on everything we certainly agree on main issues that will determine the election. that is the safety of the election and the economy and jobs and debt and immigration, everything that goes with that. he is more in line with donald trump than he is apart. >> the two of them have very similar back grounds for most governors. who has the edge here? >> i think mike pence has the edge here.

running an entire state as big and as diverse as indiana. remember, kaine had one term because it is a one term governorship. i think the experience that pence had is certainly a lot better as far as profile and resume than kaine. >> let's talk about the next presidential debate. it is going to be different setting than the first debate with lester holt asking the questions. it's a town hall. what does that mean in terms of preparation and who do you think is going to do better? trump or clinton? >> i think the outsider in this case donald trump has the ability to excel because people don't trust hillary clinton. they don't trust the insider. by the way, no party knows what the questions are going to be. the individuals are going to stand up. the test of the town hall is connecting with the questioner. giving empathy to the question,

giving detail to the question, satisfying them. it is a microcosm of people. you can attack your opponent through the question but you can't not answer the question in a town hall. >> who picks the questions? >> from what i understand is it is called through the two moderators and they are going to pick the questions and hopefully unlike lester holt who was the third participate in the debate this will be a fair and balanced group of questions that will cover the scope of where we know this election will be decided and that is basically the economy sdplmpt with i think that will be fascinating. thank you for being with us tonight. >> pleasure. it's the same political commentary that has america talking this weekend. i'll show it to you next. you are going to love it.

and then -- >> i agree that candidates need to do a better job at trying to gain shots of the people of my age group. it's because we are not sure what is going to happen within the next 10 15rks years. >> why aren't you voting for donald trump? we try to make sense of the millennial vote. don't go away. don't let dust and allergens get between you and life's beautiful moments. flonase gives you more complete allergy relief. most allergy pills

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good evening. here is what is happening. powerful hurricane matthew is moving closer to haiti. it is on course to reach the caribbean country tomorrow before making its way to cuba on tuesday. authorities warn that the category 4 storm could cause flooding and landslides. officials in haiti are preparing. so far they have set up more than 1,000 emergency shelters. matthew is one of the strongest atlantic hurricanes we have seen

in years. a civil war rages on in aleppo, syria after a cease fire fails. government forces clash in and around the city. now the united nations is offering to help as the humanitarian crisis there deepens. the u.n. says hospitals are being wiped out and offering more than $25 million in emergency aid. that's a look at news. back to justice. and if you missed my opening statement last night shame on you. but luckily we are going to give you another chance right now. take a look. >> and now to my open. the presidential election in 38 days now comes down to the battle of political corruption versus truth where one candidate chooses political correctness the other brave enough to state

the obvious. one says things not politically correct. the other says things that are oh so perfectly politically correct, considers words carefully, filters them and then flat out lies to our faces. all the while anarchy in our streets, riots against the one line of defense that separates us from chaos. kids shot on play grounds with little notice. virtually the same number of people killed in one city, chicago and then died in the iraq war. and now global terrorism enters the homeland. one candidate sees the turmoil. the other says everything is great and life is beautiful and prefers to talk about name calling and the bias that we have. >> i think implicit bias is a

problem for everyone, not just police. i think unfortunately too many of us in our great country jump to conclusions about each other and therefore i think we need all of us to be asking hard questions about why am i feeling this way. >> isn't that nice? it's not so implicit, hillary when you call tens of millions of americans who disagree with you every name in the book. you call us deplorable and tell us we are not america. who, then, is america? the people you are bringing in from other parts of the world? you're worried about donald trump's name calling 20 years ago. you ask yourselves what does that have to do with anything. you compare that to a secretary of state who lies to us over and

over, plays fast and loose with our nation's highest secrets, drones in satellite locations for which others not so powerful and connected are prosecuted. what's more offensive? words or actions? a woman who ensures no one finds out what is going on in our state department, who along with her are wheeling and dealing between the state department and her so-called charitable foundation and when caught evidence is destroyed with hammers. a woman who runs the state department like a private piggy bank missing $6 billion during her tenure. you tell me what is worse? name calling or lying to grieving parents as their sons bodies play cold and then turning around and calling those same parents liars? like your husband impeached for lying, mergery and obstruction

of justice you do it with arrogance. although he may be in politics and while i am not a fan of things he said 20 years ago about a woman under a contractual obligation to maintain her appearance, your history with women is all about destroying them. when you represented a pedophile who raped a 12-year-old girl, raped her into a coma for five days you not only laughed when your pedophile client passed a lie detector but trashed an innocent sixth grader saying she sought out men like her rapist and was mentally unstable. and you're offended by donald trump's words? when presented by atrocities of a group called boko haram you refuse to take action. a group that killed 2,000 people and now straps explosives to

little girls. might your relationship with your friend, a convicted nigerian land developer who gave tens of millions to you and your foundation be the reason? the way you, hillary, and your progressives fight terrorism is with a hashtag. bring back our girls. you don't support women. you destroy them. whether it is all the women who accused your husband of serial marital infidelities, sexual harassment and rape, instead of protecting a 12 year old and college intern your job ruin them, destroy any woman who gets in the way of your ambition. none of it is the predator's fault. the war room created to assault the right wing, crazy women desperate for attention who wanted publicity like gejennife

flowers who you said you wanted to crucify and called her trailer trash. and monica lewinski. and i don't know what you said about paula jones. you and your husband had to pay her $850,000 for your husband's sexual misdeeds and you call them all bimbos. she's gaming you, folks. she takes money from countries who stone women for adultry to death. they throw gays out of buildings. they kill them. this is a woman who corrupted the state department, the department of justice and now i am ashamed to admit it, the honored tradition of the federal bureau of investigation. what is important folks are not words. what is important are actions.

what is important is how one candidate has chose toon lie about issues that involve the government of the greatest nation on earth. one candidate who has chosen to lie about how she conducts the business of the united states of america, our business, the people's business, the governance of our nation. and now that you know what she is capable of what's more important to you? political correctness or the truth? >> so which candidate is right when it comes to policing and stop and frisk? we will be talking about that. next donald trump and those millennials. how does he win them over? back in a moment. remember when you said men are superior drivers? yeah... yeah, then how'd i get this... ...allstate safe driving bonus check? ...only allstate sends you a bonus check for every six months you're accident free.

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developing tonight new call for donald trump. for bernie sanders the endorsement of hillary clinton. this as a leaked audio of hillary clinton was released from back in february of this year where she talked negatively about sanders' supporters. take a listen to a portion of that audio. this is hillary talking about millennials who were then supporting sanders because they liked free tuition and free health care. >> children of the great recession and they are living in their parents basements. the idea that maybe just maybe you can be part of a political revolution is pretty appealing. it is a false promise. i don't think you tell idealistic people that they bought into a false promise. >> joining me now with reaction a millennial himself.

good evening. so here we have hillary clinton with leaked audio with a deep desire to believe that we can have free college, free health care. it's a false promise. i don't think you tell idealistic people that they bought into a false promise. how do millennials see that? >> why is she promising it now? i think as i demonstrated she is willing to say and do anything to get elected. she has back tracked and been on so many sides of different issues. >> if i am a millennial and she called me a basement dweller saying that you believe this stuff, where is my loyalty now? >> to an extent she is right. too many of my fellow millennials are living at home. it is stagnant economic growth

graduating from college with enormous debt. she is late to an extent. too many of us have been left behind. it is ridiculous to think that her solutions are going to fix anything. >> but then doesn't that lead them towards donald trump because in terms of the economy he only beats her on that issue. >> if it weren't for the media i would say so. they have been so successful in mischaracterizing him as racist. if you know donald trump or met him you know that's not him. you know that's not him. >> so these millennials, basement dwellers as she refers to them, how do you get them interested in this campaign? are they even going to come out and vote? >> i don't think so. i think most millennials will stay home. that would spell trouble for hillary clinton. millennials, african-americans, they were essential to the obama coalition and his victories in

2008 and 2012. if they don't turn out for her this year she cannot win in my opinion. >> what is interesting about that is that according to a fox poll f nine out of ten raominee voters are with trump. >> i'm among a lot of silent democrats because i was afraid of the blowback from declaring i am a democrat that backs donald trump. a lot are not willing to risk their career and their friends to support donald trump but they will do it when they vote on election day. >> and with the vp debate, does that impact anything? >> what i'm looking for is i think governor pence has been really professional.

he is a class act. i think he will do great on the debate on tuesday. >> we hear about the fox news poll is a four-way race. in a two-way race hillary beats donald. it has to be a four-way race because it is not like gary johnson and jill stein will drop out. >> if they were to drop out i think she would overperform. those are people who would have been in their column. jill is pulling them over. >> jill stein. >> absolutely. >> thank you. stop and frisk because the topic in the race for president. that is next.

law and order, policing. issues that have always been a part of my job as d.a. and the judge. they are now becoming huge in the presidential election specifically donald trump's comments on stop and frisk which he says is not unconstitutional. joining me now is radio host kevin jackson. he is also a fox news contributor. you and i both know that there

is a united states supreme court case called kerry versus ohio that says stop and frisk is constitutional and yet we have lester holt and hillary saying it is not. and donald who is not a lawyer saying it is constitutional. you tell us. >> donald trump did his homework. he is right. lester holt is trying to run to hillary's defense. he set up a tee ball for hillary to knock it out of the park. the fact of the matter is stop and frisk does save lives. there is no doubt about that. hillary clinton acts as if she cares about black people. she goes to black churches and pretends that she cares. when it comes to a real policy that does save lives on the street then suddenly she is looking at the constitution. the fact of the matter is it is a tee ball question for her. >> the truth is as it relates to

stop and frisk it's not so much that it is unconstitutional because it is constitutional. not overturned but it is in the implementation that if someone for example search warrant implementation. if you don't do it right the result of the warrant then you don't get the evidence. they made it sound like this is a racist issue and the cops are going after them. >> right. that is where i was headed. the idea of stop and frisk being racial when we start looking at things in terms of how many blacks have been implicated and how many whites and latinos and asians. stop and frisk applies to everybody. it has to do with the police officer trained to look at something a little bit quirky or out of the ordinary. something that generates suspicion and then they stop the person. the reason why it is implemented

so much is left would call it disproportionately is because there is disproportionate amount of crimnality. blacks don't like to hear this but you see a 13-year-old kid on the street let me save you some time. that child is probably armed. don't think of him as a kid. don't think of him as a little teenager headed to college in ten years or whatever number of time. that is a kid that will kill you for no reason. it isn't that blacks are more likely to do that. it is the circumstance set up by the left that led the kids into hopeless situations. >> donald trump uses the phrase law and order. several democrat pundits say that is a dog whistle. and now it's a dog whistle to say law and order? >> everything is a dog whistle these days. that is the political

correctness. don't say anything we find offensive. law and order is not offensive. law and order is what we crave. law and order has been generated more in the black community than in any other community. the idea that it is racist is ridiculous. -- >> all right. kevin jackson, thanks so much for being with us. little problem there. we'll be right back.

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it's the battle in virginia. tune in tuesday all day on the fox news channel for coverage up to and including the vice presidential debate between democratic vice presidential nominee tim kaine and republican vp nominee mike pence. it's live wall to wall coverage all day tuesday. keep it heroon fox. that will do it for us tonight. remember friend me on facebook and follow me on twitter and on instagram. we're back live next saturday night and i will be coming to you from st. louis, site of the next presidential debate.

thanks so much for being here tonight and watching. see you next week. i'm chris wallace i'm chris wallace with new reports trump may have paid no federal income taxes for years he and clinton plot strategies for the campaign's final five weeks. >> the clintons are a distorted past. we will be the very bright and clean future. >> trump threatens to go after bill clinton's sex scandals. >> impeachment for lying. remember that? >> and doubles down on attacking a former miss universe. >> a lot of things are coming out about her. i'm not going to say anything. i couldn't care less. >> we will talk with new jersey governor chris christie about