we'll be watching it all with you at home. thanks for being with us this afternoon here in las vegas, nevada. coming up right after this is shepard smith. it's 3:00 on the east coast, noon here in vegas. our own chris wallace getting set to grill the candidates in the last showdown. the stakes couldn't be higher. less than three weeks to go until the election, donald trump has a chance to try to increase his lead in the polls and each is dealing with bate of drama. donald trump still staving off accusation that's he groped women without consent. and hillary clinton facing wikileak e-mail dumps. and we have a new poll that shows a stunning number of people that haven't made up their mind. a fresh fox news poll that shows

the broader stast the race and we'll look at where each candidate stands on the important topics expected to come up including the supreme court and immigration. let's get to it. and good afternoon to the spin room here on campus at the university of nevada las vegas. it's a stone's throw from the vegas strip which is some $200 richer thanks to my east coast generosity. you're welcome. it's here that the surrogates will speak with reporters after tonight's final showdown between trump and clinton. the face-off comes at a critical time. election day is less than three weeks away and some analysts say this could be trump's last best chance to win over undecided voters after weeks of appealing to his base or trying to. the upshot in this morning's "new york times" has the chance of trump win at 8%. clinton at 91%. analysts say he could gain some edge in tonight's debate if he

just manages to shift the folk us away from himself and all his stuff and toward hillary clinton and her controversies. trump is facing a string of accusations from women who say he groped and kissed them without consent. it snowballed since last debate whether he denied sexually assaulting women and then a video leaked about him bagging about doing. that clinton is facing her own controversies. transcripts of her paid speeches to financial institutions. since the last debate, the hack documents shown secretary clinton told executives at goldman sachs that congress had to pass the dodd-frank financial reform bill for political reasons. she claimed for wall street types should run for office and she favored taking covert action seriously. still, recent polls have shown clinton gaining support in states that typically swing republicans. a survey out of an arizona republic newspaper shows her leading donald trump by five points. 39% to 34%. it shows more than 20% of likely

voters in arizona are still undecided. 20%. there's a new poll from the university of houston that shows clinton behind trump -- i should say clinton behind trum bip three points in texas. that's texas. traditionally that's one of the reddest states in all the nation. republicans can rely on it. this time, not so much. yesterday the fox news decision team shifted texas from solid republican where it's been since fluff was a kitten to a republican leaning state. donald trump responded to his slip in the polls by claiming obviously the election is rigged without proving or providing any evidence. he also has warned of widespread voter fraud though no widespread fraud existed in political type states extremely rare. trump's own campaign manager says he can still turn this around. here's what he told fox news oorly earlier today. >> it's a comeback and he's done it several times f you go back and think of all the individual stories that people covered whether it's in the primary certainly as the nominee, he's

done, he's finished, this is the one that will sink him. he ought to get off the ticket. and the people are always there standing behind him. these crowds never dissipate. the enthusiasm and the momentum is his, not hers. >> early voting is under way in 30 states now. americans have cast more than two million ballots. one political science professor at the university of florida rejects more than a third of voters will cast ballots before november 8th. that would be the highest number we've ever seen fit happens. it's even more thefd debate could be the most pivotal moments of the whole campaign. to night's moderator chris wallace, host of fox news sunday, first fox news journalist to moderate a presidential debate in the general election in our 20-year history. the commission on presidential debates last week revealed wallace chose six topic, the supreme court, debt and entitlement, immigration, the economy, foreign hot spots and fitness to be president for

1,000, alex. the commission also reported the top koik change because, well, chris wallace. he could change depending any major news developments. so groping accusations and wikileaks tonight? we'll see. we have team fox coverage. jennifer griffin has the latest on the campaign. carl cameron is outside the debate hall on campus. which donald trump are we expecting to see tonight? >> two choices there. the scorched earth donald trump and there is the i can be presidential donald trump. on the scorch side, there is some tells in the guest list. beyond bl las vegas wayne newton, trump has invited the mother of one of the benghazi casualties and president obama's half brother malik obama who is a kenyan and sment time in the u.s. and is a donald trump supporter and clinton critic. can you imagine that donald trump will point out his

presence in the audience as well as the victim of the benghazi attack. trump wants to go hard on clinton when it comes to policy. he prefers not to be provoked and been practiced not to take bait when it comes to his acc e accusers f that happens, you bet he'll be armed and ready. there is one new revelation today. they have come forge and she is three times molested by bill clinton. a new addition to the clinton aspect of the aspect of things. the trump campaign recognizes and trump himself said this smoest important night of the debate. without a video to that infect that it's a fundraiser today and they sukted to night is for trump april opportuniis an oppo comeback. >> have you talked to chris wallace? he won't talk to me. they have him in a mayonnaise

jar, i think. >> i used to do a lot of the debate stuff in the prime yarz. and chris was always great fun behind closed doors because he could take a question and always find a way to throw-in a ticking time bomb for whoever it was who was going to answer it. i think when it comes to the questions about temperment and foreign policy, i think they both have to be careful. chris knows how to frame questions very, very neatly, very quickly. and they can often leave the candidates into very, very deep rabbit holes. clinton has a lot of explaining to do with the secretary of state and overlatch corruption. he has to cast himself as a change agent. chris will surely ask questions about that as well. and in so far as trump has been short on policy and long on criticism of clinton, that has an opportunity to have some very interesting questions and answers tonight. shep? >> i'm looking forward to it. hillary clinton has been off the campaign trail getting ready for this whole thing. it's really last week or so

she's been off the campaign trail. and tonight the democratic nominee will have to again comment on information coming from the hacked e-mails of her campaign chairman john podesta. one of clinton's goals on the debate stage should be rallying support among millennials. according to recent polling, support for the democratic nominee this year is lower compared to president obama in '08 and '12. a recent survey shows secretary clinton ahead of trump among young voters. she is still ten points behind president obama in 2012. jen griffin here in the spin room at unlv. jennifer? >> hi, shepard. the campaign is being incredibly tight lipped about what hillary clinton is doing today. they will simply tell us that she is in debate prep mode. she's been in that mode for four days now. she will not be doing a walk through here at unlv. she never seems to do so. she leaves that to her surrogates. since she's arrived in vegas, we have not seen her.

her campaign says she is working behind closed doors. but it's anyone's guess what she's actually doing. we know back in new york she practiced on an exact rep li ref the debate stage. we met the set design eastern the campaign we're told travels with that set. it's how the navy seals train for the bin laden raid. building a mock compound and practicing the raid over and over leaving nothing to chance. that shou clinton preps. she leaves nothing to chance and we know from wikileaks that there are rarely any lines that have not been tested by her team. there are going to be few lines that she will not have practiced and gotten feedback on there. that often leads unfortunately to very few authentic moments and one of the criticisms of hillary clinton and causes her some trouble in terms of audience relating to her. but we expect that she will come out armed. she expects donald trump to go low and they keep saying when they go low, we go high.

they love quoting michelle obama in this case. >> oh, yes they do. big numbers for michelle obama. what is clinton's team saying about what she needs to do tonight? >> they don't think she needs to deliver a knockout blow. the polls are favoring them right now. in fact,en into some of the red states. what they think she needs to do is to look presidential. that is what they're going to be pushing her to keep hitting this theme of stronger together, a place for everyone in this country. they've already said how they think she needs to present how she plans to unite this country. here's what her running mate tim kaine said. >> we ought to win big. we know donald trump is going to be big wine e whiner when this s over. i mean this schoolyard bully stuff. the big bully who is so tough. and then first time you stand up to him, it's whine, whine, whine, whine. >> clearly he's trying to get

under donald trump's skin. there will be traps laid, no doubt. she has practiced that in the past. she expects to hit the campaign trail very hard coming out of this debate. in fact this is the first weekend coming up where for a long time where she hasn't -- she doesn't plan to take a break. the campaign, i would expect, shep, the biggest thing that she'll be questioned on tonight will be, of course, the wikileaks e-mails and the embarrassing revelations from behind closed doors. and i would expect that every time that comes up, she will try to pivot to russia and russia's involvement in the election. that is going to be her way to divert attention from the embarrassi embarrassing embarras embarrassing ee mails. >> thank you. >> you could have come sat in this chair, you know. >> i know. see you later. in a city where fortunes are

made and lost, severing on the line tonight. ahead, much more on their final showdown. and in moments, in just moments, a brand new fox news poll that shows which candidates voters trust more. it's a relative thing. but one of them gets a nod to handle everything from terrorism to the economy. that's coming up from the home of the running rebels on the campus of university of nevada las vegas. if you have moderate to severe rheumatoid arthritis, and you're talking to your doctor about your medication... this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me go further. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira has been clinically studied for over 18 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened,

as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. ready for a new chapter? talk to your rheumatologist. this is humira at work. and so when i saw that, that was completely disqualifying.

i'm a republican, but this election is so much bigger than party. my son max can't live in trump world. so i'm crossing party lines and voting for hillary. i don't always agree with her, but she's reasonable. and she's smart. she can work with people to solve problems. i want to be able to tell my kids that i did the right thing when it really mattered. i'm hillary clinton and i approve this message. brand new poll shows that hillary clinton has an advantage whether it comes to hand willing big issues. see that, everything on the screen, they trust her better there. foreign policy, double digits. smaller lead on immigration, social security, rolling forward, terrorism, supreme court, economy is the one and only issue where trump has any

edge at all. this measurable. and there it is. 50-44. national politics report forethe associated press. how can you win something if you don't win in any category and losing all the swing states. not all of them, but vast majority of them. >> the only thing that donald trump has going for him is hillary clinton is still incredibly unpopular. >> oh, yeah. >> if not for trump himself, she would be the most unpopular candidate in the modern era. we have this drip, drip, drip of wikileaks coming out every day. it really has some embarrassing potentially damaging material in there. the problem, of course, is that donald trump keeps stepping on that -- those details talking about things like hillary might be doping before presidential debates. >> i wonder if gives him that advice. i can't see kelly ann saying, don, to day let's go with she was drugged up snt last one. maybe we need a drug test. that will win ut white house. who thinks this stuff up?

seriously? him? >> clearly, donald trump's advisors or kelly ann does not want him to be going there. it's been storty the story. >> he is just going rogue on his own snefl. >> i think part of that is it. i think he hired folks like steve ben in recent months who have been known for conspiracy theories, you know, playing to the far right of the republican party. so i mean these are all message that's actually resonate with the republican base. >> they love it. >> his core -- >> so he just keeps them for a while so he can do something with them after the election? >> i mean that, is on open question. does donald trump really want to be president at this point? he is running a campaign to win or running a campaign to make a mark and set himself up for something afterwards? he's going places this week, colorado yesterday. he is trailing by seven points. he's not going to swing regions either. he's going to places like colorado springs which is where

his base already, you know, is his focus. he's not going to places, he's not saying the things that one would say to win a presidential election. >> you could see that changing to night? is there something big picture that may knock her off her game and bring him some swing people? >> yeah. this is probably the donald trump's last best opportunity to change the direction of this race. we're not at the point where he can just have a strong showing and then hope that things work out fine. he needs a hail mary, if you will. he needs a game changing moment. and hillary clinton knows where he is, knows that he's going to be swinging for the fences. and is determined to stay out of that and not get sucked in. take the high road and just really play a defense. >> when you're hosting one -- when you're moderating one of these debates, you don't speak to your colleagues about. this we don't have any qulad chris is going to do tonight beyond what the debate commission released.

won't talk to us about it. he's not that kind of guy. but if you're chris wallace tonight, what is your goal? >> chris wallace has a lot on his shoulders tonight. folks on both sides are going to be pushing him to go after hillary hard. you know, that conservative base thinks that hillary is getting a free ride in recent debates. folks want to make sure he presses donald trump on some of the allegations of sexual misconduct. let's not forget, it's only been 11 days since that "access hollywood" tape came out. it's only been 11 days. >> think how long it is for billy bush. one is running for president and has a shot at it and the other got dumped by his own network. for what? that is weird. >> a lot of pressure on chris wallace. but really, the main question tonight is what does donald trump do to change the direction of the race? it is too late for him to do that even pro trump super pac

allies are saying it would take a miracle at this point for him to turn it around and win. i think that might be a slight exaggeration. he's within striking distance and several key swing states. >> the republican party is not spending money on him. there are no tv ads. the ground game is pulled, right? >> yeah. the questions we've had about the trump campaign all along now are coming to fruition. i mean, he's had no consistent ground game in florida, ohio. the key swing states. >> none at all. >> he's cut off the chairman of the ohio gop. i mean these are not moves that one would make who is trying to win in the final weeks of an election. >> i guess soon enough we'll learn what this is about. i look forward it to. and tonight might be good. chris wallace, you're good at this stuff. >> going to be a show. >> he's good at it. thank you. nice see you. >> ahead, more results from our fox news poll. yes, there are more results. voters have the best judgement to serve as president? who they trust to do a better job in office. and also, which candidate is not

telling the truth? that's coming up.

donald trump's daughter is speaking publicly and for the first time about her father's comment about women from that

leaked "access hollywood" tape. she spoke at "fortune" magazine's most powerful women summit. listen to this. >> he recognizes it was crude language. he was embarrassed that he said those things. and he apologized. this is, you know, that is not language consistent with any conversation i've ever had with him certainly or any conversation that i've overheard. so it is a bit jarring for me to hear. and he was very sincere in his apology. >> meantime, most americans say they have an unfavorable view of hillary clinton and donald trump. most parties are standing by them. it indicates 67% of hillary clinton's backers say they strongly support her and 32% say they somewhat support her. numbers are very similar for donald trump. 64% of his voters say they strongly support him and 34% say they somewhat support him. peter nichols is here, he is a

white house reporter for "the wall street journal" g to see you. this poll that is out, full screen one, who has the judgement to serve as president? clinton, yes, 53%. trump, 37% of all voters likely voters believe that he has the judgement to be president. that's going to be hard to overcome. >> i think that's probably proof positive that hillary clinton's message is sinking in. this is a point she's been making on the trail for months. he is temper mentally unfit to be president. and it seems like that is starting to resonate. people are getting that. and it's hurting trump in the polls. >> a word we didn't use much because it's not nice word is lying. >> yeah. >> before this segment, we never said lying. now lying is a big wortd. full screen three if, hillary clinton lying about her e-mails were handled? >> two-thirds on a new cycle, te

sled. >> polls consistently show that voters don't appear honest. they don't tend to give her the benefit of the doubt on the e-mail question. and that's one problem that she's not been able to overcome and doesn't seem to be going away. >> donald trump says his accusers are lying. so we polled you about this as well. who is doing the lying of the donald trump accusers? 51% believe donald trump is lying. 24% believe the accusers are lying. donald trump said every single accuser is a liar. and maybe that 24% is listening to -- i don't know. >> it seems like this is a larger problem, too. neither of the candidates particularly like by the public. they both are considered -- their unfavorability ratings are high. so when they ask who is lying and who is telling the truth, again, people are not going to give the benefit of the doubt to trump or clinton. that is showing up in that poll.

>> if she's leblgted i'm lefrg the country. if he's elected, i'm going to can d. canada. look at these numbers. if elected president, what is your reaction? 31% would be scared if hillary clinton is elected. 46% would be scared if donald trump is elected. 46%. >> well, these numbers actually are pretty bad for hillary clinton actually, i think. one thing she'll want to do if elected is try to capitalize on a mandate to kofrgovern. it's hard to do. that part of the sprob the way she's run this campaign. she has gone pretty negative against donald trump. bh while it's worked and led to the lead in the polls, it could be a problem on november 9th when she starts stitching together an administration and tries to govern. >> she's been a policy person. that's the way she has conducted herself in a debate fashion throughout her career that we've known her this is a far departure. i'm not sure she is the one that made the decision.

>> we talked to her aides who say that she's going to try to get back to policy during this debate. so tonight's debate she is going to -- >> it would be boring but good. >> the idea is to come back to a positive message as the came pain close out and build on that and establish governing majority. it will be tough. people think she is lying on the e-mails and she's lying to a large degree a negative campaign. >> are democrats worried about how difficult it will be to govern even if they get the senate back? >> i think they are. we've seen so much gridlock in washington. hillary clinton is probably going to be basing a divided congress. it's doubtful her republicans are going to be able to lose the house. so it's where is the mandate? where is the governing majority? where is that coalition? it will be hard to build. there is so much bitterness left over from this election, it's hard to heal. that her aides are starting to think through the question of how to unite the country and stitch that together again. >> a lot to do.

peter nicholas, thank you. >> good to be with you. >> another day, another batch of clinton e-mails. we get those every day. something to look forward. to that is despite ecuador pulling the plug on an internet connection vuchlt heard this? why would a country protecting the wicky leekdz founder from prshgs want to stopt leaks now? that's coming up from unlv, the site of the final presidential debate. all finished.

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turned violent when a police van rammed into protesters. hundreds of people gathered outside the american embassy demanding the u.s. pull out troops from that country. some threw rocks and paint and broke through a line of police in riot formation. more than two dozen officers hurt. police arrested some people. a of 62-year-old woman in spain gave birth to her third child. mom and baby are in perfect health. reporting to a spanish newspaper, the mom got help from an egg donor. and a chinese spacecraft carrying two astronauts linked with a floating lap torre 250 miles above earth, the dry run. trying to prepare to build its own space station. the astronauts will spend the next month in orbit doing some research.

the u.s. state department is denying they asked ecuador to cut off julian alsange's

internet. they e-mailed the associated press while our concerns about wikileaks are long standing, any suggestion that's secretary kerry or the state department were involved in shutting down wikileaks is false. ecuador confirms they did pull the plug on the internet. wikileaks appears to be trying to interfere in the u.s. election. he has been staying at the ecuadorian embassy in london to avoid extradition to sweden on sexual assault charges. the internet or not, i should say internet or not, wikileaks is still managing to dump the clinton e-mails. ed henry is in washington. what is the latest from the hack? >> there is nearly 20,000 of john podesta's e-mails out there. it is great frustration to the clinton campaign heading into this final presidential debate. we're seeing the inner maturations of a presidential campaign. normally you find out about this

stuff in the books later on. it is all playing out including about the e-mail controversy. one e-mail where david kendall, hillary clinton's poernl lawyer, is pushing back when aides want to put out a statement in august of 2015 suggesting they're handing over finally the e-mail serve torte state department. kendall jumping in and saying wait a second. we're giving it to justice department and saying, "the statement could be read to imply we turned over the thumb drive and server to the state department which we didn't. there they go again, misleading, devious, nontransparent, tricky, et cetera. i would recommend saying it went to the justice department." the point being, remember, this is around the timest news conference where she talked about wiping the serve we are a cloth. the idea of turning over to the justice department might have made it more sensational at the time. because it raised the stakes in that fbi criminal investigation. but, of course, in the end, that investigation led to no charges against hillary clinton. shep? >> and i'm hearing there's a media e-mail of interest on some

level? >> yeah. john harwood of cnbc sent e-mails to john podesta making suggestions about the campaign hitting donald trump and other republicans suggesting maybe a cozy relationship between some in the media and the clinton camp. now there say new one in which john harwood was criticizing one of the nbc colleagues chuck todd for an interview last september with hillary clinton that had a lot of questions about e-mails. harwood writing in this e-mail to podesta, it's amazing that some people still think it's worth burning so much interview time with a person most likely to be the next president on her e-mails. katie couric also sent one to john podesta pitching in the interview that in part would focus on "ten things you don't know about hillary clinton that would showcase her personality." obviously this is the kind of situation where it suggests kind of a friendly relationship back and forth when a presidential campaign is obviously supposed to be journalist asking those

tough questions. some of which we may see tonight. >> a lot of viral potential indeed. ed henry, thank you. listen. this guy is at all the debates. fascinating. he says the same thing every 20 or 30 minute. he did it at hofstra. he did it in st. louis. and now -- thank you. he's made his way here. i don't know. i mean these are things we know. he sounds great, doesn't he? marco rubio, he is warning republicans not to exploit hillary clinton's leaks -- >> check out the free wireless -- >> we're going to have him on later. he doesn't care. we'll try to get it fixed. anyway, explain hillary clinton's e-mails saying the gop could be next. like be careful. what if they got ahold of your

e-mail, you know, yoga classes and stuff. he is running for re-election in florida and it is proving to be a tough ride. he released a statement saying the leaks are an effort by a foreign government to interfere with our electoral process and i won't indulge it. i want to warn my republicans who want to capitalize on the leaks. today it's the democrats. tomorrow it could be us. senator rubio says he refuses to acknowledge any of the information that came from the leaks. giving attention to foreign hacks and u.s. officials could be an invitation to chaos and havoc which realreawe have alre. they believe russia is behind the hacked clinton e-mails. now more attacks may be on the way. they say hackers might be able to get into computers that could undermine confidence and parts of the american economy and may cause people to ditch the u.s. stock market. i could have said. that a lot of things might happen.

doug mcelway with the might, maybe and the good. u.s. officials said they will retaliate proportionately. what means that? >> well, shep, when he was asked about it on meet the press last sunday, joe biden said that when the u.s. retaliates president putin will know it. it will be at the time of our choosing and under the circumstance that's have the greatest impact. but when asked today at the white house what retaliation entails, josh earnest was a little more circumspect. >> you uncovered here one of the significant challenges that policymakers face and n. dealing with cyber policy. the rules of the road when it comes to cybersecurity in large part are not well established. and that makes it difficult. >> just today acting on a tip from the fbi, check national police arrested a russian national in prague suspected of carrying out hack ago tacks against tarts in the united

states. the fbi refused details but law enforcement sources tell fox news the arrest sfremz a hack of linked in accounts and not linked to the intrusions last summer or the clinton campaign hacks which are under way now. shep? >> and as i mentioned, there is a lot more at risk with the hacks. >> yeah. there sure s virtually every system of government, of the military, of civil and banking infrastructure is run by computer nowadays making the very functioning of every day life in a civilized society susceptible to cyber attacks. russia and other state sponsors are probing defenses day in and day out. >> the cold war is alive and well, especially if cyberspace. the russians will escalate their cyber activities to go beyond cyber intrusion and cyber espionage to advancing their information warfare schemes to inevitably and possibly leveraging destructive attacks against the energy sector or financial sector. >> one of media concern that can

be laid to rest is the susceptibility of our election system as josh earnest said today, they're much less at risk. shep? >> all right. thank you, doug. voters set to decide control of congress on election day. some lawmakers want to seem like they sail into re-election are facing head wind. and with three weeks left, they're running out of time to win over new supporters. trace gallagher is live with where things stand now. any chance democrats take the senate? >> republicans now control the senate as we know 54-46. democrats need five seats to regain control. here's the thing. 34 seats up for re-election, 24 of the seats are republican. only ten are democrat. that meant it was always going to be an up hill battle for republicans to defend those seats and keep the senate. but if you look at the national scorecard, it is a dead heat. the fox news decision desk has 47 democrats with a solid hold on seats and 47 republicans with

five tossup states. we're talking nevada, pennsylvania, new hampshire, north carolina, and missouri. that leaves indiana and the seat of retiring gop center dan coates. it was supposed to be an easy win for republican congressman todd young to move up and hold that seat until former democratic senator evan bayh got into the race. and because of bayh's influence, indiana is a tossup. now they say they lean republican and that is huge because it could decide who ultimately controls the senate. shep? >> yep. any word on the house of representatives? >> well, if you look at the polls and listen to the pundits, it appears the democrats will pick up more seats than they originally thought. there's no indication of a d dramatic shift. they show that despite trump's numbers dipping, republicans are not band abandoning ship.

46% favored democrats, 44% republicans. now if you go back ten years, that very same poll in 2006 had democrats favored by 11 points and in that election, the de many. s picked up 30 seats in the house. today, the democrats need 30 seats to regain control of the house. but experts say it appears that the dems will pick up somewhere between 10, 15, maybe 18 seats. so for the gop, the house right now appears very safe. >> all right. trace gallagher live for us. thank you. >> the decision americans make this election day will shape our country for a lot longer than four years. the next president will have at least one spot on the supreme court to fill. maybe more. where the candidates stand and the high stakes for the nation's supreme court. that's coming up live from las vegas in the final debate before the election. chris wallace will host tonight in our special coverage begins at 6:00 on america's choice for news and information on cable. this is fox news channel.

... presidential debate showdown with fox news sunday chris wallace are out. and two subject that's could get heated on the debate stage sh the next supreme court appointment and the candidates' positions on immigration. let's bring in our analyst. let's start with immigration. >> we know donald trump's position an immigration. he's been touting that he's going to build a wall and that mexico and others paid for it. and he said he will exclude people from the united states on the basis of their religion. so can he build the wall on his own? no. he would need an authorization from congress to do. that they have to pay for the land and they have to pay for the wall somehow through some means. he'll get mexico to pay for it. i don't know if many people take that seriously. that is the position he is taking and it does require congressional legislation. mrs. clinton, however, was

recently taped on a -- recently revealed a transcript of a goldman sachs speech she gave two years ago in which she said in her ideal world there would be free trade and you'd be able to move from country to country. so-called open borders. later on in the speech she said that's in the ideal world. i know it's not politically realistic. it's not going to happen in my lifetime. but that's my goal. that also would require congressional legislation. so in both of these areas what they want to do would require the approval of the congress. the one area where a president could act on his or her own would be the exclusion of people from a certain geographic region like, say, syria, as long as that exclusion was not based on religion. donald trump said he wants to exclude people who are muslim. then he modified it to say i want to exclude muslims from a certain area f religion is in the equation, a federal judge would probably stop the president before he actually started the exclusions.

>> and then there is the supreme court. you wonder how republicans are feeling about their decision to delay this whole thing now, you know? >> yes. you do. i said before, i'll say it again and you and i have talked about this. judge garland, the person president obama has nominated to replace justice scalia is the most traditionalist, most conservative nominee to the united states supreme court by a democratic president since franklin roosevelt nominated bob jackson in 1940 and eventually confirmed. so we don't know what is going to happen. my guess is that if mrs. clinton is elected president and the indications are now that she will be, the republicans in the senate refusing to vote on judge garland will immediately confirm him. thereby forcing president obama's hand. because judge garland is a lot more to their liking than anyone that mrs. clinton would nominate to replace just ce justice xa lt

there are three members of the court that will leave in the next four years. that would allow which ever of these two wins, donald trump or hillary clinton, an enormous opportunity to put their ideological stamp on the court in a way that would transent four or eight years in the presiden presidency. the last president had this kind of an opportunity was richard next on. the last president before that was franklin roosevelt. >> why do you say probably leave? why do you say that three of them will probably leave and who are you talking about? >> justice ginsburg is 84. she says she will probably leave if hillary clinton is elected. justice kennedy is 80. he has not indicated his preference, but he's been there for nearly 25 years. justice breyer is 79 and he's indicated i'm not going to tell what you i'd like to do. i want to see which wait election is going to go. so the only one who will really likely leave would be rouge bader ginsburg if hillary clinton he is lekted.

so those are the probabilities. >> yeah. if roberts leaves under a clinton administration, under any democratic administration, we could have a whole new thing. >> well, the chief justice has only been there for ten years. if he left, it might be for some reason over which he doesn't have any control. but you're right. that would change things radically, dra mat ukly and for the next 25 years. >> and do you see that sort of thing? and what sort of upheavel such as vacancy might cause? >> yes. yes. look, if a person leaving is the same party as the president replacing them, like hillary clinton replacing ruth bader ginsburg, there is not enough people. but when the person leaving is replace bid a president of the other party, say fa justice clarence thomas was about to celebrate liz 25th anniversary on the court were to leave and to be replace bid a choice designated by a president hillary clinton, then you have a radical ideological shift and great political tumult during

the process of a confirmation. sort of like when president obama sought to replace justice scalia with judge garland. >> ligright. you wonder if clarence thomas does ever decide to step down if he'll just, like, not show up tomorrow. >> i know why you're saying. that the public fleedz to know. that that is because he has this unique view that judges shouldn't say anything on the court because oral argument is just a show and waste of time and a real rulings are made on the written submissions. needless to say, most judge dozen not accept that. >> he might just go to the mountains or something. you never know. nice to see you. week. >> enjoy vegas, shep. >> well, so far. only $200 down thus far. that's fine. this nation focus onz the fight for the white house, in iraq, all eyes are on the battle for mosul. american forces and iraqi troops moving close to a climatic showdown and control of that

city and potential victory over the islamic state forces there. don't think this is going to happen tomorrow. it is not. today the word is the stakes may be higher than we realize because we're hearing the man who leads the terror group may be hiding in mosul.

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there is, quote, solid

intelligence that abu bakr al baghdadi is in iraq's second largest city about 220 miles north of the capital baghdad. isis took control way back in the summer of 2014. it's the islamic state's last major stronghold in the entire country. the liberation of mosul would be a major blow to isis no doubt but u.s. officials say there is concern that the militants could use chemical weans against iraqi troops. and an aid group reports thousands of iraqis are headed to syria to escape the fighting but the refugee camps don'ts have enough room for all of them. so they're expecting an enormous mess. at one camp the aid group reports 9,000 people are sharing 16 toilets. holy cannoli. benjamin hall is live in erbil, iraq about 15 miles east of mosul. what's the word on how successful this operation has been thus far? >> reporter: well, shep, centcom general joeft patel says this is on schedule, in fact it's ahead of schedule, everything is going well, but it's only been two days now and i can tell you having been on the front lines

that this is going to get a lot harder, it's going to take a lot more time. just over the last two days we've already seen some fierce fighting in small villages around mosul as various forces try to clear a path into that city. but in those villages there were only five or six isis fighters and even they proved difficult to dig out. the next isis-held village is only a mile in front of us and the kurdish peshmerga fighters we were with are waiting for the order to move forward. what's becoming clear is this is going to make a lot longer than thought. isis have held this territory for over two years. in that time they have crisscrossed it with tunnels and covered it ieds. as such this operation is going to take longer than anyone hoped. but then of course there are going to be 4,000 other isis fighters in mow sxooul that's a whole other ball game. shep? >> ben hall, our man in london, on scene there in erbil. be careful, my man. thank you. we're back.story of an 11-year-old girl whose letter to abe lincoln forever changed the way we view the presidency, and

it happened on this day in history.

president for all americans, regardless of your political beliefs, where you come from, what you look like. >> we have to bring back respect to law enforcement. i want to do things that haven't been done including fixing and making our inner cities better. >> i feel like those sound bites needed a music bed, like "memories" from "cats" or something. would that have worked? tonight the big debate is fair and balanced as you've no doubt heard. chris wallace will be moderating the shindig here and he won't tell us what he's going to be doing but i know it will be fantastic because chris is fantastic. he's a good news man. and he'll do his best tonight. and then everyone will beat him up. because that's what we do to

debate moderators. but his wife makes fantastic soup. and you're going to have to get through her to get to him. so don't come at me. he would say don't come at me. just let him do his thing. he'll do it just fine and then it will end and we can move on to something else. all right. and on this day in 1860 a lawyer named abraham lincoln wrote a letter to a little girl that would eventually cement his image for all history. the presidential candidate was responding to an 11-year-old girl's letter telling him that he should grow a beard because his face is so thin. the girl also wrote to lincoln, "all the ladies like whiskers." in his response lincoln seemed skeptical at first, writing "it might look a little silly to grow a beard after being clean shaven his whole life. of course he still took the little girl's advice and stopped shaving altogether going on to win the white house in the process. it later turned out lincoln was right. the whiskers became a punchline for some at newspapers at the time. of course he kept his beard till the end but a babyfaced attorney

was on his way to becoming one of the country's most recognizable presidents. 156 years ago. today. should news break out we'll break in because breaking news changes everything on fox news channel. here comes neil cavuto. >> announcer: the stakes have never been higher. the final face-off before america decides. now live from las vegas, nevada, "your world with neil cavuto." >> we're about five hours away. and welcome, everybody. perfect weather in las vegas. a third and final debate. some call it the rubber match. if you argue that hillary clinton won one and donald trump won the last debate. and this is for all the marbles. we've got rick perry here. we've got bill richardson here. wayne newton here. curt schilling here. they're all going to be joining us momentarily with their take on a unique election where a great deal is at stake. a lot of this has to do with the coverage of some controversial stories tt