apparently her grandmother said her bucket looked a lot different than ad. it was only half full. the kfc offered her coupons for $70 free chicken. she wants 20 million. >> couldn't feed my whole family on 20 bucks worth of chicken. yours either. see you back here in an hour. >> "outnumbered" starts right now. harris: we begin with this fox news alert. closing arguments in the final 15 days to election day. donald trump and hillary clinton on the stump. early person voting in critical background state this "outnumbered." i'm harris faulkner. happy monday. julie roginsky, republican congresswoman marcia blackburn is here, today's #oneluckyguy get ready for the laugh. judge andrew napolitano. he out numbers us with that joy. >> loving it. thank you very much for having me. harris: welcome. >> thank you.

happy to be here. harris: good to have you. donald trump has five events in florida today where in person early voting is on. hillary clinton appears to be shifting her focus to electing other democrats t may be a preview of things to come. democratic nominee over the weekend in north carolina and pennsylvania made an aggressive push to unseat incumbent republican senators. seeking to tie them to some of donald trump's most controversial remarks. here's that. >> unlike her opponent, deborah has never been afraid to stand up to donald trump. [shouting] because she knows he is wrong for north carolina, wrong for america. i think it's pretty clear when you look at katie's opponent. he still refuses to stand up to donald trump. harris: meanwhile trump campaign manager kellyanne conway insists the race is heating up. she says the media are making a mistake counting donald trump

out. >> the fact is, that this race is not over. many in the media want to say it is over for the 12th time they're counting rum trump out. we're not giving up. we are not giving in. we're not acceding to same chattering class that has been wrong about donald trump for the last year-and-a-half. harris: we're hearing from clinton's campaign manager robby mook who says their primary focus remains getting their candidate elected. >> every presidential campaign has to work to get to the 270 number. we're not taking anything for granted. that is our focus and our goal. secretary clinton at beginning of this campaign said she wanted to help all candidates up and down the ballot. so we're running coordinated campaign this is not over yet. battleground states are called battleground states for a reason. harris: congresswoman blackburn, i want to come to you first to get your thoughts. >> we have to remember, 50-state races that is what comprises our presidential election and while you may say, oh, clinton is up

in the polling here, in some of the states it may be closer and think that you're going to see some shifting the last couple of weeks. that email scandal is not serving her well. the clinton foundation revelations are not serving her well and this new connection with mcauliffe and the state senator in virginia is not serving her well. harris: interesting. you know, judge, we have a look at what donald trump tweeted today about what he feels is really behind all of some of the polling. let's look at that i want to get your thoughts on it. let's pop that up on the screen if we can. and so this is a major story democrats are making up phony polls according to donald trump. in order to suppress the trump vote and so, he says they are still going to win. what are your thoughts? >> the trump people are arguing, not kellyanne conway, but some of her acolytes did so yesterday, that they did polling in areas and overincluded

democrats and underincluded republicans, i guess their theory is people think she is ahead by 12 points some of his people may stay home. i think that probably cuts both way, if people think she is ahead some people of hers stay at home. i don't think she has anything to gain by doing that. i don't know how she, mrs. clinton, or her people could control these polls but, i also understand why donald trump is saying that. he has to give the impression, no matter how much the odds are against him that he is still going to fight for this cause, if you come with me, enough of you do i will be in the white house in january. he can't say anything but that. harris: julie, as i come to you i also want to pop up what hillary clinton has been saying when she's asked about donald trump in some of the things he is saying on the stomach. let's watch that. >> i debate the him for four 1/2 hours. i don't even think about responding to him anymore. i will let the american people decide between what he offers and what we offer. harris: so, two things there, kind of struck me.

one, that taking high road or doing something else? you can not make a mistake if you do not open your mouth? >> i think dismissive of her to say. he is running against her. he is republican nominee. she is in debate with him. i understanded she might not to. he is obnoxious and called her several nasty names. harris: do you think it hurts her? >> i think the thing she said is little dismissive. i say something to trump voters that polls were skewed. people said about romney and people led that misled romney supporters that he was going to win. on election night they had a huge awaken. i think it is huge mistake to think that the media, quote, unquote is rigging polling to advance a narrative. what ends up happening, people end up having a rude awakening. deal in fact and statistics. deal with mathematics. sandra: talking about responding to each other's attacks i think

it is important to remember that she called his support is a "basket of deplorablessals. >> some of them. sandra: egregious things being said, donald trump an hour ago said we're winning and press is refusing to report it. don't let them fool you. get out and vote. this is message he stays on, judge. congressman, i want to get your take "new york times" putting this in pieces. criticism of donald trump, made little effort in recent campaigns to deliver a sharply-honed campaign message or address the flaws at core of his candidacy. hedwelling on personal frustrations at expense of any wider appeal to voters. that is a fair criticism. here we are in the final stretch. what about a more honed-in message and not just sticking on to the media is rigged and election is rigged. >> i think if he went out there and talked about emails, issues, the clinton foundation, and getting this country back on the right track he would be so well-served. what he laid out in gettysburg is what people are wanting to

hear. they are frustrated on the national security issue. our troops are frustrated. believe you me, i have a got a major military post in my district and they do not like that she was treated one way by mishandling classified emails and any military person who mishandles one-on-one device is going to get a court marshall. it is such, so uneven handed that -- >> congresswoman blackburn is absolutely correct the way the military is aggressive prosecuted for mishandling of one email but to what donald trump has been saying or hasn't been saying he buried in the lead in his own so-called "gettysburg address" on weekend beginning with i will sue the ladies. at that point he turned media and crowd off. harris: we'll talk about that in detail later. it does dovetail what we're saying here. i want to go on to something you can explain to us in maybe a detailed way, congresswoman, where the electoral votes are right now because the

projections by fox news over the weekend took it into 307 for hillary clinton. which is above the 270 she would need and 183 for donald trump which is below what he would need. even if he picked up the 50 that are up for grabs he would have to take some from her. so strategywise you've run a campaign, you've won a campaign what would you tell him right now? >> right. i would say focus on issues. focus on what people want to hear. i would be non-stop talking about what i'm going to do on the first 100 days. i would not say anything on any personal issues. i would go strictly for, this is the agenda and this is what we're going to do. and let me tell you, i'm talking with members of congress. we're getting these bills ready. we are ready to move forward with this. let's make america great again. make america safe again and number one again. i would hope so, what the -- we

want to see that pivot. you're exactly right. let's stay focused on issues. go back and remember, this is a change election. people wanted an outsider and that is what they came in to this election cycle looking for. why you had 17 people standing on the republican side during the primaries, and people threw a long ball with somebody who was outsider. so, we'll see how it goes. harris: i hear the frustration among people in your party that you're talking the word pivot still this late in the game. it should just be straight ahead according to what -- >> issues, emails, foundation. harris: we'll move on of the straight ahead right here. new wrinkle involving hillary clinton's dealings with the fbi. wife of a federal agent running for office got hundreds of thousands of dollars from long-time clinton ally, and that very agent later helped oversee the clinton email investigation. hmmm the how this could be a new

headache for clinton's campaign. donald trump unveiling his plan for his first one one days in office. you -- 100 days in office. you heard the congresswoman talk about. if he wins the election. she says he should stay with that. threat to sue women who accused him of sexual assault is getting most of the attention. is he missing opportunity to make his case for the voters. or are the mainstream media to blame for focusing on lawsuit comments. stay with us, we'll pop up online when the tv version of us wraps up. foxnews.com/outnumbered. tap on the "overtime" tab. see us there, live chat, whole thing. facebook live, bo there. outnumbered fnc is the handle. we're tweeting during the break. a bunch of birds we are. stay close. nished. umm... you wouldn't want your painter to quit part way. i think you missed a spot. so when it comes to pain relievers, why put up with just part of a day? aleve, live whole not part. painter: you want this color over the whole house?

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♪ ♪. sandra: new revelation about the fbi's investigation of hillary clinton's emails. campaign finance records show a long-time clinton alley, virginia governor terry mcauliffe, steered nearly $700,000 to the failed 2015 virginia state senate campaign of jill mccabe. her husband is a long-time fbi official who was later promoted to deputy director of the bureau, and eventually helped

oversee the clinton email investigation. chief intelligence correspondent catherine herridge is live in washington with more on what we are learning on this. catherine? reporter: thank you, sandra. fox news independently confirmed through campaign finance records the wife of a senior fbi official received in excess of $400,000 from virginia governor terry mcauliffe, a close clinton confidante. andrew mccabe's wife, dr. jill mccabe ran in virginia state senate. she lost the race but she received 467,000 from the group common ground virginia which is mcauliffe's pac and dr. jill mccabe received 20thousand from the democratic party in virginia. "the wall street journal" was first to report the story showing the contributions represented more than a third of dr. mccabe's campaign funds. mcauliffe, the journal reports, personally recruited dr. mccabe in march of 2015 of the that is the same month clinton email investigation began. at that time mccabe's husband

was associate deputy director and as you mentioned after the campaign ended he was promoted to deputy director with an oversight role in the clinton email investigation. >> this goes to the very heart of the fbi's integrity. i want to see the director, i want to see someone answer your questions. i want to see someone ends questions from the media about why he was allowed to maintain his position with regard to hillary clinton. reporter: this is the fbi's ethics and integrity policy manuel and it makes clear that mccabe had to flag this to senior management and it goes on to say there had to be a decision in this case in writing. quote, the employee's participation would not create an appearance of conflict of interest to affect the public perception of the integrity the investigation, or prosecution. fox news has asked the fbi for comment. in the last few minutes they gave us one indicating that mccabe did flag the incident

to senior management and it was determined that there was no conflict in this case. though for some context the house government oversight committee recently asked mccabe to brief staffers and provides records before the end of this week on allegations of a quid pro quo in the email case. sandra. sandra: catherine herridge, thank you for that. as we were listening to that judge andrew napolitano on couch, getting worried about you there. these are unbelievable revelation. >> these are unbelievable revelations before we get to them specifically, the sad backstory of this campaign. whoever you think should win, mrs. clinton or donald trump, the diminution of the reputation of the fbi from world-class, apolitical, top of the line law enforcement down to, getting involved in the nitty-gritty dirty politics everybody else is involved in very sad for those of us who workedded with the fbi and watched it and admired it during our professional careers.

sandra: you heard james comey words in your head, no politics involved in the investigation, but julie, we learn $500,000 from the virginia governor pac was donated to wife of fbi agent who worked on investigation of hillary clinton. then $200,000 from the virginia democratic party. >> this raise as larger issue than the specific case which point you as a wife or spouse have a separate life apart and beyond from your husband. i remember democrats going after clarence thomas, supreme court, his wife was involved with anti-affordable care act legislation and people were saying he should not rule on it because he is supreme court justice because his wife took tens of thousands of dollars more from an organization that opposed affordable care act. so to me the question is, when are women allowed to have their own life and career separate and apart from your husband's or do you have to recuse yourself potentially running for office as -- sandra: you're avoiding whether or not this looks bad? >> us did it look bad?

i'm not avoiding this. >> yes, this is cronyism. it is elitism. it is right at the heart of their two sets of rules. one for the "basket of deplorables" and everybody else and one for the -- >> should clarence thomas resigned. >> and this is where, this is what people are tired of. this is one of the things that is at the heart of the this election. just like the sad story of what has evolved with the fbi. >> there is no law breaking here, and i actually agree with what julie said. it is not the wife who should have recused herself. it is andrew mccabe who should have recused himself, taken himself off the case. >> that is correct. >> allowed others at his level or below his level, above him, director comey make decisions, so he could avoid the appearance of impropriety. he may be as scrupulous as mother teresa, but there is the appearance of i am protrity of

because of this huge financial relationship. add to this, terry mcauliffe himself is being investigated by the fbi for, we don't know what. we only know he has been named as a target in a corruption investigation at same time he is putting money into the campaign covers of the spouse of -- harris: a couple of things. this rings similar at all, i know you say it should be the woman who can have her own career but if you flip it, should hillary clinton have recused herself when money was flowing into the clinton foundation and we knew that it was also coming from countries that had nefarious reputations with regards to human rights violations, so on, so forth? >> she should have recused herself from dealing with people or should have said to her husband, i'm the secretary of state. you're going to force me not to do my job because you have got these people i'm working with -- >> i agree with that. i do. harris: should comey resign? >> who are you asking? harris: i'm asking you.

>> the question what what would a president clinton or president trump do with comey in there? he has a lost answers to give that he hasn't given yet? harris: should he resign? >> i think that is something that certainly should be considered, harris, because people are losing faith. you've got to go in and have some type of reorganization in a different commitment from leadership. sandra: all right. a lot more to get to. donald trump laying out his plan for his first 100 days in office but also saying once the elections are over he will sue the women who have accused him of making unwanted sexual advances. is that the best strategy? ♪ is depression more than sadness? ♪ it's a tangle of multiple symptoms. ♪ ♪ trintellix (vortioxetine) is a prescription medicine for depression.

trintellix may start to untangle or help improve the multiple symptoms of depression. for me, trintellix made a difference. tell your healthcare professional right away if your depression worsens, or you have unusual changes in mood, behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. trintellix has not been studied in children. do not take with maois. tell your healthcare professional about your medications, including migraine, psychiatric and depression medications to avoid a potentially life-threatening condition. increased risk of bleeding or bruising may occur especially if taken with nsaid pain relievers, aspirin, or blood thinners. manic episodes or vision problems may occur in some people. may cause low sodium levels. the most common side effects are nausea, constipation and vomiting. trintellix did not have significant impact on weight. ask your healthcare professional if trintellix could make a difference for you. 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. [ rear alert sounds ]," [ music stops ]on ] ♪ on the road again ♪ just can't wait to get on the road again ♪ [ front assist sounds ] [ music stops ] [ girl laughs ] ♪ on the road again ♪ like a band of gypsies we go down the highway ♪ [ beetle horn honks ] no matter which passat you choose, you get more standard features, for less than you expected. hurry in and lease the 2017 passat s for just $199 a month. the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company.

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elizabeth warren on the stump today. so you will have those two women on the stage and, soon as that happens we'll bring you a live look-in in new hampshire. for now we'll move on. donald trump is giving a "gettysburg address" of his own. it happened over the weekend. he laid out his plans for his first 100 days in office should he become the next president of the united states. the republican nominee said he will impose term limits on members of the congress. cancel everyone constitutional executive action issued by president obama. begin the process of selecting a replacement for supreme court justice antonin scalia. start removing criminal illegal immigrants from the nation. and suspend immigration from regions prone to terror. but then he turned to the issue of women who have accused him of making unwanted sexual advances which ended up getting the most press coverage, watch.o audio]

harris: sandra we would hope members of the media would cover entire event. that is loy-hanging fruit in salacious election season filled with scandal. sandra: you wonder if this is strategy at this point. it doesn't look like an accident. he knows the way that the media will glom on to anything salacious like that. he just handed it to them. >> julie and i have known kellyanne for many, many years. she is jersey girl. harris: kellyanne conway, his manager. >> we love her. >> i can't imagine she wanted him to say that. if you want donald trump to win, you want kellyanne conway to be right there whispering in his ear. don't say that. do say that. stay on message. act presidential. don't talk about the -- harris: he said he did hit some. point that she had prepared for

him to talk about but this was problematic. >> i think it is. there are some good things that he laid out in that, "gettysburg address." i would tell you, that i would stick with that. i wouldn't have anything to say about the women, i would not have anything con today sending to anybody. i would talk about emails. harris: not go after hillary clinton personally? >> you can talk about her, things that she has done. my goodness. you can look at the foundation. there is so much there. there is so much in the emails. with what they have talked about how, conduct that was going on between her campaign. revelations that have come forward through those emails. he has laid out a reason to vote for him. if you want to make certain that we focus on economic growth and get off of this 1% a year economic growth, donald trump is your guy.

if you're wanning change, donald trump is the guy. sandra: drop ad one-liner something he shocking will do to stimulate the economy we could all be reporting on today but he didn't. >> go in and pull out all of these executive orders is great. how about rolling back some of these regulations that have massive impact? the epa, the irs, you know, freezing federal employment is great. how about cutting federal employment 10%? how about pushing for a balanced budget amendment to the u.s. constitution so that we can't spend money we don't have on programs we -- don't get me started. >> no, i'm not. harris: julie, this weekend, how you are watching the "gettysburg address" what you're thinking of this version. >> you think about me on the weekend? i think about you too. harris: you were probably salivating when he got to the line about women only because it is as i mentioned to sandra, the low-hanging fruit some in the

media grabbed on to and other won't get reported. >> as you said he must know that, right? you're going to hallowed ground. you're not just giving a speech at trump hotel in d.c. you're going to hallowed ground where thousands of americans died for american experiment. if you read "gettysburg address" and subsequent addresses, it is not about the self. it is not about petty grievances about one self. it is about more perfect union. higher calling, thank you. all of those things that are about perfecting the american experiment. >> you're right. >> what this was unfortunately, not that. what this was about petty grievances. these women were mean to it me. i'm going to sue them. the media is rigged. election is rigged. everything is rigged. don't do that at a place where tens of thousands of people died to preserve a more perfect union. that is unfortunately what he did. sandra: we have to leave it there. hillary clinton ramping up her push into certain red states, "real clear politics" deer declared texas a toss-up state. it previously classified as

leaning republican. rcp latest average of polling shows donald trump leading clinton in texas by just five points, 44-39%. meantime hillary is running tv ads there as well as in georgia where the race has tightened. clinton also report he haddingly adding staff in utah and upping the game in arizona. campaign manager robby mook says they're not taking anything for granted. >> the reason that we've gone into arizona is that it has come into play. donald trump's divisive rhetoric, the shameful things he said about p.o.w.s and specifically about john mccain put that state into play. we think we can win it. we're doing everything we can. we're not running away with this. this race will be competitive up until the end. sandra: all right. this has been their strategy all along, right, judge? keep expectations low. >> exactly, exactly. look, she has two goals here. one to try to get the democrat to take the senate. she, that is not going to happen in arizona but could very well happen where she is now in new hampshire.

the other goal is to gin up her own victory margin in these states so donald trump is barred by law from challenging the victories in those states so that she can wake up on the morning of the 9th, say i'm president-elect whether he has conceded defeat or not. >> fair enough. harris: i would go further. she would get as close as she can would look like would be mandate. from numbers and factor others on ballots, if you look at electoral vote, the count as it stands right now probably not a mandate but try to get it as close. she with conviction can say if democrats can take the senate we -- >> may i say something about that obama was the first president i think in couple generations to win over 50% both times, 2008, 2012. i believe since eisenhower, not positive. to me that is mandate. unfortunately your friends on the hill and others didn't want to give him mandate. people like john mccain

republican senate will not confirm any of his judges or her judges regardless whether she wins or not. she could win with reaganesque numbers, win 49 states, unfortunately the way the house and senate are structured today -- >> suppose she wins texas which hasn't gone for -- sandra: talk some of these numbers and pull up fox news scorecard. texas is happying gop. we know some of these polls have been showing it as a toss-up in this election. congresswoman, looking at map right now where are you concerned? >> i think that when you get to the end of this thing, and we're looking at it november 8th, what the democrats will say, they wanted to do was to run their numbers up as much as they could and in some of these congressional races and senate races. i think actually think republicans hold the senate and because it helps them with their fund-raising. and, they're looking two years and four years down the road.

clinton, i think is overconfident. here rhetoric seems to reflect that. personally, i don't think that you're going to see texas coming into play. i do think that in florida, north carolina, at end of the day and those -- georgia i think they will go with trump. and you know, same for utah. sandra: assuming he has a lot of work ahead of him next couple weeks? >> yes. i think that by they are saying we're shifting resources, places where they have shorted up, they will take the field people and send them to utah or send them to florida. harris: specifically with texas, that is border state. we know where the conversation started with donald trump a year-and-a-half ago. that was building wall and illegal immigration issues close to home to those people that live inrd bother states. >> when you go into south texas they will tell you they want to get that border secure as they do in southern arizona. that is of great concern. sandra: just a couple more weeks

to go. meanwhile they risked their lives on the battlefield to keep us safe. now thousands of national guardsmen being ordered to pay back their enlistment bonuses or else. is this any way we should be treating our vets? plus, new video surfacing shows then secretary of state hillary clinton lecturing her staff about cybersecurity! even as she herself was using a home-brewed server! judge.

♪ harris: this story has some people fired up. after nearly 10,000 members of the california national guard are reportedly being ordered to pay backbone news, according to "los angeles times," the pentagon says an audit reveals they were overpaid. it was meant to encourage enlistment during wars in afghanistan 10 years ago. if the soldiers refuse to pay back the money.

they could risk being fined or taxed even more. now the soldiers are stunned, finding themselves suddenly in debt and feeling very betrayed. house majority leader kevin mccarthy is outraged. it is disgraceful men and women who answered country's call of duty of deployment. our military heroes should not shoulder the burden of military recruiters faults from over a decade to go, end quote. the california national guard says its hands are tied on this and it has to follow the law. congresswoman? >> oh, this is absurd. the six-figure salaried bureaucrats over in the pentagon who made the mistake are the ones that need to be held accountable for this. it is ridiculous, when you look at they can't seem to take care of veterans. they make a mistake like this. in the audit, instead of going after the bureaucracy, that made the mistake, they go after the troops. this is unbelievable.

unbelievable. sandra: one former army captain says he refinanced his home mortgage to pay back his $25,000 reenlistment. >> this is awful. >> these troops signed contracts with the pentagon and the contract said, numbers varied, 10,000, 15,000, 25,000, here is your enlistment bonus. the contract is enforceable legal document. if the people who signed it on the pentagon's part made a mistake, that is no reason to penalize the troops. the troops complied with their end of the contract. >> bureaucracy made the mistake. >> but the political issue here can not be overlooked. president obama with the stroke of a pen in an executive order, or a phone call could stop this from happening. so exquisitely unfair that he permits it to happen. harris: here is my confusion bit. some are calling it a mistake. could it possibly be something else? >> what else could it be? >> what else could it be? harris: i don't know. they put this in motion, right?

they had the contracts there. they know that reaching back and trying to claw back that money, what does it do? >> it causes ruin nation. -- ruin nation. if you don't see sue me for six years and one day, you can't sue me forever. but if you own the government any money? the statute of limitations is, forever. >> you have other agencies, whether hhs or cms or the epa, irs, they will all come to you retroactively, when mistake they have made or a decision that they have delayed. and, then they will try to recoup that money but to do this to our troops, when they have been deployed and they have been on the front line and they have put their life in danger and their lives on hold -- harris: over and over. >> they did everything the contract required them to do. then for them to come back to the money, this is despicable.

needs to stop. harris: julie, do you see president obama lift up the pen to do this. >> he better. i don't know who can do this. if president obama can do it with stroke of personal he should do it. i don't think i've been so angry with a story, people with purple hearts, almost killed, coming back, promised certain amount of money to reenlist and they're coming back, told to give the money back. president obama needs to fix it yesterday. this should not be a story. minute it came across his desk. >> how did it get this so far? sandra: 48-year-old army sergeant, robert richmond, roadside bomb attack. previously served to years in the army. he is refusing to get it back. he got a is a thousand dollars bonus. -- $15,000 bonus. i signed a contract i literally risked my life. >> good for him. harris: it take as tremendous amount of money to sue. so they would have to gather themselves all together.

many are still recovering from injuries. that is insult upon -- >> you know, judge, you will be first person to agree with me on this. the government has unlimited resources to sue you. >> of course. >> when you are little guy you have no resources to sue them. the fact these people have to go to court to get what is owed to them is egregious. >> the government doesn't have to go to court. it can claw it back. harris: claw it back. i asked could it be something other than a mistake. you said delayed decision. even if it were a original mistake, delaying this you penalize people even farther. we'll move on. new calls for the fbi to investigate after a top house lawmaker said hillary clinton's lawyer may have exposed clinton's email server to china, effectively putting national security secrets up for grabs. more on that. you don't let anything keep you sidelined.

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harris: spirited hour. it will continue. first let's go to jon scott with what is coming up in the second hour of happing now. hey, jon. >> hey, harris. we're awaiting a hillary clinton campaign event. this one in manchester, new hampshire. she will be campaigning with massachusetts senator elizabeth warren. they're looking to help down ballot democrats? states seen as possible flips for senate seats.

all comes as we get a new dump wikileaks documents. more as we analyze them throughout the day. tim kaine is in miami as the race for that state heats up. donald trump in florida, making three stops. at an event last hour in palm beach mr. trump saying he will win the state. we have breaking news out of north carolina. a brand new battleground poll to tell you about, interesting numbers. top of the hour, "happening now." harris? harris: we'll see you then, thank you. >> thanks. sandra: new allegations hillary clinton put our national security secrets in danger. a top republican lawmaker says clinton's lawyer, heather samuelson, may have exposed clinton's entire private server to china when she reviewed the contents of that server on a laptop that has been tied to chinese cyber spies. house judiciary committee chairman bob goodlatte writing to fbi director james comey, quote, it seems clear that secretary clinton and her associates played fast and loose with our national security and yet no one, not a single person

involved in this harmful fiasco has been held accountable. this has new video emerges of clinton in 2010, lecturing state department staff about cybersecurity and how hackers tried to exploit vulnerabilities in the system. >> i got to see this. sandra: hold on, judge. watch. sandra: judge's reaction in a moment. clinton gave the warning despite the fact she was using a personal home-brewed server we all remind you at that time. judge? >> start with the lawyer. when you represent a litigant, civil or criminal litigation, and you're dealing with national secrets you yourself have to be cleared i about the justice department, a very, very difficult procedure to look at those secrets. i don't know if miss samuelson did. let me assume she did. she was able to look at secrets

on her laptop. if she used a instrument, a laptop which itself was not secure -- harris: oh, boy. >> and prone to attack by enemies who do not wish us well, she may very well have committed same crime, failure to secure state secrets that some of us have alleged mrs. clinton -- sandra: we can discuss all day, congresswoman, the risk this puts us and our country in, however politically it just seems to fall flat and not go anywhere. why is that? why isn't anybody being held accountable? >> this is one of the questions our military members are asking because they would face a different standard and it is another example of the double-standards that exist in our system. they would be court marshalled for this. now whether you look at hillary's emails certain encryptions are expected in a system in order to handle confidential information. then there are vulnerabilities that exist in the dot-coms and

the dot-govs and, you have bad actors that have exploited these. now we have tried to pass legislation without success, it would deal with piracy and privacy and data security and some cybersecurity components. i think you will see us go back and do this. people should be concerned about this. and it is, they should be concerned about the content of those emails. it is illuminating what we are learning about the two different tiers, the double standards and you know, i think more emphasis should be put on it, as i said if i were trump, i would talk emails, foundation, issues, all day long every day. sandra: go ahead, harris. harris: i wanted to ask the congresswoman. you have chaffetz, issa, a lot of people yourself, who are big and bold in your ideas how to fix this we haven't seen akin to anything like a walkout. how big of an issue is it for congress? some people feel in the nation it is.

as sandra points out it is not hurting hillary clinton. is this something so big i guess you should go big is the question. we have hearing after hearing and -- sandra: julie said on the couch, republicans should stop, congress should stop doing this because it isn't going anywhere. we often say that is their job, julie. >> put it slightly different, losing efficacy, potency without anybody getting trouble. a lot of smoke. no fire. >> this is something where you have to say, yes. there are vulnerabilities we have to fix them. and you have got to move it to the floor. house leadership will have to move privacy, piracy, data security to the floor, bass these t has to be done. your internet service providers have to have a part to play in this yeah. sandra: something new every day there. "saturday night live," did you catch it, poking fun at the

final presidential debate but it was actor tom hanks who stole the show playing our very own chris wallace moderator of the showdown. the skit going viral big time. >> the night is going to be a lot like the third "lord of the rings" movie, you don't really want to watch, but hey, you've come this far.

♪ harris: contacts out. they're both the same person. i will put them back in now. critics say actor tom hanks killed it! drop the mic. as moderator chris wallace during "saturday night live"'s parody of the presidential debate. here is part of skit. >> what has she been doing for the last -- >> donald. no, no. >> i would be happy to talk about the last 30 years. >> no, not again. >> back in the 1970s i worked for the children's defense fund. >> we know. >> i was a senator in new york on 9/11. >> we get it. we get it. >> i was secretary of state. i don't know if you her this before -- >> we have. >> i was instrumental in taking down a man by the name of -- >> osama bin laden. >> osama. >> bin laden, yes. >> bin laden. [laughter] harris: how did he do? sandra: awesome. tom hanks is amazing. harris: chris has been our #oneluckyguy. we know he has a tremendous

sense of humor. he was with us for win gate. sandra: allowed her to plug all her accomplishments. >> very flattering to have tom hanks play you but chris deserves all the, he was absolutely spectacular. harris: yeah. i got to spend some time with him on friday. >> looks like him. he really became chris wallace. harris: first time i heard talked about how he was having out of body experience his nerves so ferocious. >> can you imagine. harris: it was somebody else talking. i wonder if it was tom hanks talking. >> which is which. harris: pretty good, what do you think, congresswoman? >> tom hanks did a great job. one of those things you watch it and you laugh because it is so well-done. harris: down to the glasses, right. >> entire skit was so well-done. >> you have got a literally multiacademy award winning performer, out of body experience, not just random guy. tom hanks. how awesome is that.

sandra: kudos to chris wallace. harris: congrats to him. congresswoman, thank you for being here. judge nap, thank for being here. foxnews.com/outnumbered, click on overtime tab. "happening now" starts right now.