i'm eric bolling if in for bill o'reilly who will be back on monday. and please remember, the spin stops right here because we're looking out for you. breaking tonight, new developments on a bombshell that could reshape the 2016 race as we know it. as the fbi delivers an october surprise unlike anything we have ever seen. with just 11 days until the election. welcome to "the kelly file." i'm megyn kelly. we're awaiting new remarks right now from donald trump in iowa. this will be the first time he's spoken since hillary clinton held a news conference around 7:00 p.m. eastern time answering questions about the fbi announcement that the bureau is taking a new look at mrs. clinton's e-mail scandal. the story broke around 1:00 p.m.

eastern time when james comey sent a letter to congress saying that the fbi learned of e-mail that could have a baring on the clinton probe. the e-mails were discovered in a separate investigation. law enforcement sources are tell us there are thousands of messages at issue here. they were being sent to or from huma abedin, hillary's top aid. the e-mails were found on one of the computers belonging to anthony weiner. you cannot make it up. he is of course abedin's estranged husband and the subject of a federal investigation for reportedly sexting with an underage girl. with less than a week and a half to go now until the election, the clinton camp has a hugh new head ache to deal with. hear's a little of her news conference just a short time ago. >> the american people deserve to get the full and complete facts immediately. the director himself has said he

doesn't know whether the e-mails referenced in his letter are not significant or not. i'm confident whether every they are will not change the conclusion reached in july. >> we'll be joined by congressman trey gowdy who investigated mrs. clinton and we're speak with bob goodlet. one of the leaders who received the letter from director comey. jason miller is here to explain how the trump camp plans to deal with this. and judge anna nepal tan no who has been raising questions about this investigation for months with join us in moments with reaction to the news. but we begin with ed henry who is live in washington. >> good to see you. i've spoken with several law enforcement officer to night who is questioning how thorough the original probe was was if they

did not find these e-mails, thousands of huma abedin e-mails. a senior law enforcement official is telling me that the fbi director, james comey, felt he was in an impossible position. his agents investigating anthony weiner in a separate file found a probe of hillary clinton e-mails. democrats are furious. remember comey said in july no charges would be pushed against clinton but that there was evidence of a potential violation of law. team clinton thought the worst had passed. under fire tonight she just issued the challenge to the fbi director. >> so we don't know the facts which is why we're calling on the fbi to release all of the information that it has. even director comey noted that this new information may not be significant so let's get it out. >> but as she says let's get it

out, remember what he learned from wikileaks just 24 hours ago, as the e-mail story first broke march of 2015 as trey gowdy was subpoenaing her to keep the records and preserve them, john podesta was writing to the campaign writing, quote, did you have any idea of the depth of this story. the campaign manager responded nope. we were told that everything was taken care of. so hillary clinton was keeping some of her own top aides in the dark and a former fbi official told me tonight if clinton is worried about the timing of the election she should not have kept the existence of her server secret for so long. >> joining us now in a "the kelly file" collusive, congressman trey gowdy, member of the house oversight committee and the former chair of the select committee on benghazi. your reaction now to this news about the fbi. >> well, i think director comey did the right thing in

supplementing his testimony. remember, the commissioner kos kin is in trouble because she did not take the step in supplementing his testimony. it's a unreleased investigation. he's not confirmed that's the anthony weiner investigation and he hasn't confirmed yet that the information is significant. i appreciate the fact that he updated congress but other than that i'm going to let the bureau do their job. >> how extraordinary is this ? >> well it's pretty extraordinary because secretary clinton has an extraordinary e-mail with herself. she's the author of her own destiny. everything that's happened since then is the consequence of deciding you're going to have a rogue e-mail system. i understand she's upset and doesn't like the timing but she need not look further than

herself. >> how is it possible if your view, a former prosecutor, that huma abedin who was under subpoena would not have produced her home computer or directed the fbi to that device as relevant when they were seeking all of her documents? >> well, you can even go back beyond that. remember the state department aedge edly went back to all of the top aides at the state department to try to recreate the record. they missed it as well. i'm reluctant to speculate because i don't like to do that as a former prosecutor. but it may have been e-mails that were deleted. remember, secretary clinton said she turned over all work related e-mails. we now know that thousands were deleted. and for all i know these may have been among the ones that were deleted. >> because you cannot get any

closer to hillary clinton than huma abedin. it's her right hand person, closest aid. they're like family. this is one of the first places you would look when you were turned on to the fact that there's a secret server to find the relevant documents. it'sen conceivable that the fbi didn't ask her for it and if she knowingly withheld the device there are all sorts of issues there. >> what's going to happen next? did comey need to come out and say more about it as hillary is demanding and if he doesn't, what happens over the next 11 days? >> she's welcome to tell us what would be on that computer. director comey is not the only person who would know what's on anthony weiner's computer. secretary clinton is welcome to hold a press conference saying it may be this because huma and i discussed this. he cannot confirm or deny the

existence of an investigation. and secretary clinton knows he cannot produce the information in the middle of an investigation. to me, it's the same person who said i neither sent for received classified information, the same person who said i turned over all of my work-related e-mails, only had one device, my lawyers went through everything. that's the same person that now wants all of this public disclosure, the same person that went to great length to make sure that these e-mails were private and now all of the sudden wants it all made public. it's too rich. >> she dodged it tonight when she was asked have you spoken with huma. and i mean, you know how it is. i have a right hand woman here too. and if think right-hand person, my assistant found herself in this position because of my decisions, i'd say, hey, abby, what the hell is on your computer and then i would come out and explain. it's only 1 days to the

election. you raise a good point. hillary and huma are in charge of the information. her right-hand person knows what was on her home computer and they can't just point to comey saying you need to disclose more. i'll give you the final word, sir. >> it's easy to ask people you know cannot disclose things to do so. that makes her look transparent. but if it's a day that ends in y, you can rest assure shed's talked to huma abedin and cheryl mills. she knows exactly was on the computers. just like her lawyers know what was deleted. she's welcome to tell us. >> great to see you. also with us on the breaking news, bob goodlet. you received this letter today. were you stunned by this? >> i was stunned by this and very appreciative of the fact that the director had the

current to step forward and ska after he said this investigation was concluded new information, perhaps thousands of e-mails related to communications between secretary clinton and her chief of staff, we don't know yet, but are indeed going to be further look at by the bureau. it's absolutely important. i agree with secretary clinton that the director to the extent that he's able without compromising this investigation should make as much information as possible to the american people before the final vote occurs on november 8th. many people are voting around the country. >> why did he have to do it? he's coming under fire already from hillary and her supporters for doing this at this time and he was -- i mean he was in an impossible position if he didn't do it and waited until after the election, the republicans could have killed him. why did he have to do it in your view right now? >> i think that he had already taken the mantle of this problem

on his shoulders when he announced back in july that he did not find evidence sufficient to prosecute her when many owe people, including many members of the judiciary committee thought when he held his news conference when he said she violated this, did this wrong and this wrong, a lot of us thought we were going to here therefore there's going to be an indictment. he said however, there's not going to be an doimt. so now having taken this on and having new evidence and having been criticized for a number of aspects of how this has been handl handled, he has the responsibility of saying we have new evidence. i assume there's some significance to it. i think this is probably more substantial and that is why he has put it out now. >> let me ask you this. if she gets elected on november 8th, this isn't going away. so what needs to happen, special prosecutor?

she can't investigate herself as the president elect. >> well, first of all, we have said from the outset that the house judiciary committee would follow the truth wherever it leads and we have done that throughout the summer asking a number of questions about how this investigation by the fbi was being conducted. we will continue to do that. we don't know what's going to happen now. we don't know what's going to happen after the election. so it's pure speculation what will happen afterwards. a special prosecutor is appointed by the attorney general of the united states. you have to decide whether that's going to be a fair investigation than the one being conducted by the fbi under the direction of director comey right now. and the judiciary committee will certainly stay engaged in this and continue our investigation. >> wow. mr. chairman, thanks for being here tonight. >> thank you, megyn. our next guest has been suggesting for a long time that not only were fbi agents seriously upset about the way

the hillary clinton invest gaugs was handled but that the bureau had been too cozy with politics. joining us now with more by phone is judge anna nepal tan no. judge, i mean, your reaction today when you saw this across the wires. >> well my reaction is there must be something substantial there that the fbi did not see before. it is entirely possible that this has to do with whether or not huma abedin told the truth when she testified to the fbi or it could be something that was deleted from mrs. clinton's servers and the fbi didn't see it. my other reaction was -- director comey's letter, and the fact that he sent it to the chairs of the intelligence committees as well as the congressional judiciary committees, this probably does involve national security. and when the fbi agents looked about it they did not know for

su classified or not and they need to confer with their colleagues in the intelligence committee in order to make that determination. >> if these documents are sitting there on huma abedin with anthony weiner sitting next to her on her home computer and they're unclassified. this is what trump has been saying for months. she's married to this -- well, you know. >> right. >> how do you see comey? you've been critical of him for not bringing charges. but how do you see his decision to come out with this today? >> i see it as a very painful decision. i see it as one where raw evidence was presented to him just two days ago and he's damned if he does and damned if he doesn't. if he sits on it until after election day and mrs. clinton is elected, republicans will rip into him. if he reveals it now and runs the risk of it looks like he's doing so to affect the outcome of the lxs, the democrats will rip into him.

for years he had a reputation of a law as being the most upstanding of persons to hold a job like the head of the fbi. he's seriously tarnished that reputation by not seeking by a mountain of evidence. if the's made this decision today in order to change the way we perceive him, it's probably unlawful. but if he made the decision today because there's new evidence before him that his investigato investigators missed the last time around, he did the right thing. >> i'll defend comey because he doesn't have anybody here to defend him. i have said as a lawyer there's a basis to justify his decision not to charge her because he needed to prove intent and no one had been charged under similar circumstances. he's been a straight shooter his whole life. the question is will he flip

because of loretta lynch. i think there's a legal defense for not charging and a legal defense coming forward 11 days before the election. and if these people lied to the fbi or did not disclose a computer that had responsive documents on it, they're in a whole of trouble. before i let you go. a lot of people received immunity deals when they were dealing with the fbi. was huma one of them and could it possibly protect her if she didn't disclose everything she should have disclosed? >> great questions. we don't know if huma is one of them. none of them received immunity. they received promises not to be prosecuted under very narrow circumstances. it will depend upon the wording of the promises which are not in the form of an order of an immunity. they come in the form of a letter from the lawyers in the defense department. if one is addressed to huma

abedin, then jim comey has more headaches on hisstunning news. this is big. significant. the american people have a right to know what went on there. and hillary clinton does have some answers. that's her right-hand person. again, you think about it. do you have anybody in your life who is your assistant or your best friend? why can't she just look at her and say, what was on the computer. what was on there? huma and anthony are estranged but they lived in the same house for years. what device are we talking about? how did you communicate on there? what's the universe of possibilities? she can answer those questions. already tonight, the same democrats, many of them who praised the fbi last summer, they loved director comey are tonight screaming about this same man. matt bennett worked in bill

clinton's investigation, we'll ask him about that next. donald trump, we'll see how he reacts tonight with to new remarks we just heard from hillary clinton. and then we'll speak in moments to mr. trump's communications director jason miller about how the campaign plans to handle this? what was already a tightening race. and then the political question, how will this impact the polls? what about the folks who already voted, they already cast their vote and how will the media handle this? we're back in moments. don't go away. >> it might not be as rigged as i thought, right? right? the fib -- the fbi, i think they're going to right the ship. i think they're going to right the ship. ces.

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breaking to night, we're waiting for new reaction right noug from donald trump on today's bombshell announcement on hillary clinton's e-mail investigation. this is a criminal investigation now ongoing and active. mr. trump expected to step up to

in any moment now. the campaign has made this issue numero uno. >> as you might have heard earlier today, the fbi, after discovering new e-mails, is reopening their investigation into hillary clinton. >> the crowd went nuts throughout the whole thing when it was on that subject. karl cameron is live in cedar rapids, iowa with mr. trump. >> reporter: this will be his third event of the day. he started out in manchester, new hampshire. he was going to have a meeting with the locals about the opioid epidemic and decided to move it to after the rally. and then in maine he made it clear, having called the fbi and the justice department part of

the rigged system and suggested that hillary clinton corrupted them, that he now thinks that maybe they've got it right. watch. >> i have great respect for the fbi for righting this wrong. the american people fully understand her corruption and we hope all, all justice will finally be served. this is the biggest political scandal since watergate and i'm sure that it will be properly handled from this point forward. >> reporter: trump's running mate mike pence was campaigning in pennsylvania and like hillary clinton did today, he demanded that comey release the e-mail and whatever the evidence is to people can see it before the election. listen. >> we call on the fbi to immediately release all of the e-mails pertinent to their reopened investigation, the american people have a right to

know. and they have a right to know before election day. >> reporter: trump has been behind in some of the polls but they have been closing like they do in the last two weeks before an election. you add this scandal to the spike in obamacare premiums and the avalanche of wikileaks john podesta e-mails and trump has the trifecta, an awful lot of ammunition against hillary clinton. >> at the end of that warmup about hillary today trump finished with now the rest of my remarks are going to be so boring. you could see the crowd fired up about what is obviously bad news for hillary clinton today. earlier this afternoon, just moments after the news of the renewed fbi investigation broke, defender of the investigation turned their attacks on the director of the fbi. some of the folks were the same

people that praised director comey three months ago when he cleared mrs. clinton in the fbi's initial investigation. matt, good to see you. let me give you an example of what we're talking about. here's nancy pelosi back in july when comey said we're not going to charge her. listen to her reaction. >> let me just say this about director comey first. this is a great man. we are very privileged in our country to have him be a director of the fbi. >> he's a great man. and then today we saw a different reaction as she put out this. the public interest would be served by the fbi providing facts rather than relying republicans to stoke innuendo. she was not pleased with the investigation. that's one example. i could go through many others who came out today who thought director comey did the wrong thing. your thoughts. >> where you stand on director comey is where you sit. as you noted, donald trump was

saying that comey was trying to rig the election as of yesterday. >> hypocrisy on both sides. >> yeah. i think there is a lot of anger among democrats on how comey handled this. i don't think pelosi would say he's not a great man. >> by all accounts the fbi hasn't confirmed it but the reporting is they're investigating weiner for something sexting with the fbi, good for the fbi, that's what they're supposed to do and they stumble on this device which the reports say was not produced in response to a direct demand by the fbi, they got a look at it and they say holy mother of you know what. these documents are responsive to her other investigation which was resolved in her favor but which is still ongoing, still open. >> so what they ended up doing -- i think the criticism from the democrats is because wackomy did is write a letter to a bunch of republican committee chairs saying hey, by the way, we're looking into more e-mails

in the clinton case and he didn't have to do that. >> could have called it off? >> sorry. >> i've heard people make the point that he should have called because when you write a letter you know it's going to get leaked. maybe he's looking to make a record that he wasn't playing politics, he wasn't trying to protect anybody, he was just trying to do his job. >> to be fair to him, i think he's in a terrible position. had he not revealed this or announced it and it came out after the election, the republicans would have gone bananas. i think it was a very difficult place for him to be. but i agree with clinton and podesta and what they said today, which is, look, you cannot leave them -- in particular you can't leave voters dangling like this. you've got to give an indication of what there is. >> even mike pence said that. what about the point raised by trey gowdy, why doesn't she look over at huma and say, what was

on there and ten tell us? >> first of all, it's a thousand e-mails. i i can't remember what was e-mailed at 2:00 this afternoon. the other thing is if she were to come out tomorrow saying i talked to huma and there's nothing there, no one who doubts her now would believe her then. >> that is true. >> it wouldn't be anything to rest nl you raise an excellent point. matt, great to see you. joining us now with more as we await mr. trump, jason moore. >> thanks for having me on. >> you must be feeling very good today. >> today is an interesting day. i think we're ending the day with a lot of questions than we had at the beginning. one thing that's clear is there's a public hillary clinton and a private hillary clinton. we see this coming back up today, we realize that there must be a lot of fire where the smoke is. and i think the big concern from this is this is huma's computer,

or her husband's. >> we think. >> how did they not have this in the first place? what else was missed? are we talking about national security or are we talking about obstruction of justice. these are legitimate questions and with 11 days to go before the election, there must have been something extraordinary that they saw to make them stand up and reverse course. >> hillary is pointing out that director comey said we don't know whether it's significant or not. one report said there are 1,000 documents and one report says up to 10,000 documents. you tell me how concerned we should be. in fairness to donald trump he's been raising now for months the issue of hillary's right-hand woman being married to a man who is under investigation by the fib, who obviously had some deep issues when it comes to -- i don't even know how to define it. but he's being investigated for

sexting with an underage girl. potential molestation. he's been raising this and the compromised position that huma could potentially be in, right, if he had access to the documents and knew something he wasn't supposed to know and was violating the law at the same time, and who could have black mailed him. this could go down a very dark rabbit hole. >> and it could. it would be the latest example and going back to director co y comey. when they were traveling overseas using blackberries to the home bru server they had set up at their house. what confidential classified top secret information was out there for anybody to get. this is dangerous stuff and this goes to the question is hillary clinton ready to be commander in chief when she has all of this? this is pretty bad. >> do you expect, in the same

way we heard giuliani say we have a few surprises up or sleeves yet to drop on this campaign, this wasn't it. do you expect the clinton camp to drop something on that's how they work, they save something and when they get hit they throw something back. >> you saw secretary clinton going into overdrive to reframe this -- i guess was it a press conference? it was three minutes. >> in her speech she got more aggressive towards trump when she was speaking earlier. >> but what secretary clinton needs to avoid is trying to politicize the investigation. it's clear the investigation is pushing ahead. there's something serious there. hopefully we'll find out what it is. but she's already trying to politicize it and -- >> you guys are going to politicize it too. >> we want to see justice. >> yes, i know. it's all about justice. >> it is. i think we need to see it.

>> you're allowed to make it political. you work for the trump campaign. jason, great to see you. can you believe this? when the news broke, long time clinton aide huma abedin was by hillary clinton's side. after holding two rallies with no mention of the news mrs. clinton agreed to take questions and here's a little more of how she addressed this. >> have you or any of your advisers heard from comey or anyone else at the fbi today and are you concerned at all that these new e-mail that they say they've found will in any way reveal classified information that you sent or received in. >> no. we have not been contacted by anyone. first we knew about it is i assume when you knew about it. >> what would you say to a voter who right now will be seeing you and hearing what you're saying,

saying i didn't trust her before, i don't trust her anymore. and they're heading to the ballot box tomorrow? >> i think people a long time ago made up their minds about the e-mails. that's factored in to what people think. >> you've spoken to huma. was he able to give you any information? >> we don't know what to believe. i'm sure there will be more rumors. that's why it's incumbent pupon the fbi to tell us what they're talking about. your guess is as good as mine. >> jennifer is with the clinton campaign in iowa to noo. >> reporter: huma abedin didn't come out with her into the gymnasium behind us. this was her second campaign stop. at first it looked like she was defiant and not going to address the press and then she spoke with the reporters after the campaign stop in iowa.

here's what she said. >> the director himself has said he didn't know whether the e-mails referenced in his letter are significant or not. i'm confident whatever they are will not change the conclusion reached in july. therefore it's imperative that the bureau explain this issue in question whatever it is without any delay. >> reporter: a well placed source tells me the investigation is the result of four devices seized from anthony weiner as part of the investigation into his alleged sexting with an under age girl. one of those devices belonged to huma abedin who was traveling with clinton today as she always does. earlier in the day clinton left lft it to her surrogates to respond. >> as it is, we now have the worst of all worlds here where he's aired this in an extraordinary step that almost would never be taken in any other circumstance and yet the

public doesn't have information in their disposial to judge the significance of this or what it has to do with hillary clinton. >> reporter: when clinton landed in iowa she emerged from the plane and ignored questions shouted by the traveling press. she mild and waved. we learned that clinton did know about the breaking news when she exited the plane. wi-fi returned to the plane 20 minutes before they landed. page 58 from the notes that were released by the fbi from its previous interview with huma abedin shows how abedin often transferred secure department of state e-mails to her yahoo! account and to her clinton.com e-mail account because the department of state system was often down. she had a third account devoted to her husband's campaign. we're also told that she shared a computer with him. the co-chair of hillary clinton's transition team has been tweeting up a storm. she says the e-mails in question are duplicates and that they're

the same ones that the clinton campaign handed over to the fbi and that that will be shown over time to be the case. at this point it's anyone's guess, however. >> jennifer, thank you. constantly saying these people suck, they suck at politics. she has no message. why doesn't he come out to the microphones and tell us what's going on. there are legal questions and political questions. joining me now, chris stirewalt and howie kurtz, host of media buzz. and there's news breaking right now which is actually really interesting and good stuff. this is from director comey, a fox news collusive, an internal memo obtained by fox news that just posted. it's a memo from him to his fbi staffers saying the election and timing require disclosure of the renewed probe saying he had to do it because of the political

sensitivity that he was facing and the country was facing with the election. this is a quote -- again, thisf. of course we don't tell congress about ongoing investigations but here i felt the need to do so because i testified for months that our investigation was completed. it would be misleading to the american people were with we not to supplement the record. at the same time given that we do not know the significance of the newly discover collection of e-mails, i don't want to create a misleading suggestion. there is significant risk of being misunderstood but i wanted you to hear it directly from me. >> man. >> wow. >> wow. >> chris -- >> holy -- >> i can't quite get my arms about what the hell is happening. what is hell is happening? >> we've never been here before. >> no. >> this is the first time this the history of the republic -- >> in the old days a lot of weird stuff used to happen. we've never hads this that the

federal police are involved in a presidential election to this degree. my job with you and with the viewers and with everybody else is to be an analyst of data. i tell you what the polls are going to say and what's going to happen. i got to tell you, just as a citizen, i'm a little heart broken tonight because i've watched democrats decry the fbi. and you hear in james comey's e-mail here, i'm trying to hold it together, i'm trying to keep it together. imunder tremendous pressure from congress. i want to keep it together. i've been republicans cheer again and again for the kremlin to be involved on the other side. and at what point does politics stop at the water's edge. at what point is this about america and not winning the election. i hear a man saying in this e-mail that you just read, hold together, please stay with me so we can try to prosecute justice

in an appropriate way. this worries me. >> howie, i'll tell you, you know, mike is a l-- my kids are little, 7, 5 and 3. i wasn't going to work tonight but i had to come in. i had to explain to them why i had to go in in terms that a 7-year-old and a 5-year-old could understand. my daughter and son looked at me and said, so is hillary clinton going to go to jail? what if she wins the presidency and then she goes to jail? these are actual questions that people now need to ask. >> it is absolutely surreal. and when you throw in the weird anthony weiner sexting level, it takes it to a hollywood movie that would never get made because it's so unrealistic. it's a nuclear bomb. in the memo from james comey,

we're looking into it. we don't know how relevant it is. it caps the worst week of hillary clinton's general campaign coming after the wikileaks disclosure. you got to say that. if it turns out to be a nothing burger, it's a gift to donald trump who will keep hammering this and it really strikes that hillary clinton's achilles heel. what's her achilles heel? two-thirds of the public doesn't think she's honest. >> we don't know whether it's a bombshell now. it's duplicates, that's a different story. >> that's why the democrats are mad because with 11 days to go, because they're obviously not going to come to a conclusion in 11 days. there's no way that an fbi investigation into anthony weiner -- >> oubut would it change the election? >> it's making republicans feel better, like they could win. whether it translates into next week that this is actually

happening, who knows. >> howie, does it change the election? >> it possibly could. and for all of the progress nos caters who came on the program a week ago saying it's over, i remember cautioning them that stuff happens in the presidential campaign. we've never seen something like that but who knows how it will affect the poll. it makes it seem like a much more competitive race than it does this morning. so this is clearly a remarkable moment for the clinton campaign, the trump campaign, the fbi, you, everyone else. the country, the future of the republic. former fbi assistant ron has ko is next and we expect to hear from mr. trump at any moment. we'll be right back. >> and i love, you know, in the last couple of -- all of these women --

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now that fedex has helped us we could focus on bigger issues, like our passive aggressive environment. we're not passive aggressive. hey, hey, hey, there are no bad suggestions here... no matter how lame they are. well said, ann. i've always admired how you just say what's in your head, without thinking. very brave. good point ted. you're living proof that looks aren't everything. thank you. welcome. so, fedex helped simplify our e-commerce business and this is not a passive aggressive environment. i just wanted to say, you guys are doing a great job. what's that supposed to mean? fedex. helping small business simplify e-commerce. donald trump taking the and the now in cedar rapids, iowa.

a great day for the trump campaign no matter how this shakes out. let's listen to donald trump. >> thank you very much. thank you. thank you very much, everybody. and i want to thank the great dan gable and kathie, his beautiful wife. they're here some place. for their support. greatest wrestler maybe ever. really good. and i'll tell you what, he loves iowa and so do i. so thank you, dan. you're out here -- where is dan? thank you, dan. thank you, kathie. so nice. thank you. i love you, too. i love you too. i love you, too. as you've heard, earlier today

the fbi after discovering new e-mails is reopening their investigation into hillary clinton. [ crowd chanting ]. the investigation is the biggest political scandal since watergate and it's everybody's hope that justice at last can be delivered. in a very brief remarks tonight, hillary clinton tried to politicize this investigation by attacking and falsely accusing the fbi director of only sending

the letter to republicans, another clinton lie. as it turned out, the letter was sent to both republicans and democratic leaders in congress. the fbi would never have reopened this case at this time unless it were a most egregious criminal offense. as you know, i've had plenty of words about the fbi lately. but i give them great credit for having the courage to right this horrible wrong. justice will prevail. prior to today's events i was going to start off this speech

by talking about how great we've been doing in the polls. we've been running an issue-based campaign focused on change, accountability and of course -- >> and now trump is going into his typical stuch speech. we want to bring in former director of fbi and president of the legal defense fund. ron koskinen. you're somebody who knows how the fbi works and understands the position that director comey has been placed in. do you think he did the right thing? >> i do, megyn. you know, i do think that back in july the director thought he could thread a needle in taking politics out of the discussion, which had been in the discussion. we know that the attorney general basically shot herself in the leg in her meeting with bill clint that fanned up this belief that politics were

involved and would be involved in the decision. and the director stepped up to the plate to make his comments. it was an extraordinary event. a lot of us naught he was going to say she should be indicted and he stepped back from it. many promised and he talked about extraordinary transparency because of the interest in the case and who we were talking about. >> but do you think because the criticism is 11 days out that he -- i mean i guess people thought he should have held it or that he shouldn't have disclosed it in a letter to congress which of course would be leaked. but if he didn't and then she won, and then it came out, half the country would have been ready to, you know, because he didn't. >> exactly right. damned if you do, damned if you don't. and i think the director looks into his own heart and determines himself what path he needs to walk. he committed himself to transparency. something obviously significant,

very significant happened in a way that they could not exclude hillary clinton from whatever this cache of new information is. >> why not? why do you think no, it's significant? >> if they discover three e-mails that one may be classified and is already linked they've already seen, they're not going to go through the motion of restarting the investigation. it could have been asked and answered. they've already covered it. i think it's something that's quite significant and something that's going to take them appear idea of time to figure out what have we seen, what have we not seen, how do we assess that and how do we not know about this before, was there false statements made, if so by who. and i think at that point he felt obligated to tell congress -- and the director

feels very seriously about congressional oversight. he felt like he's made the representation, he's been beaten in the over site. the political from right battered him. there's a brief eye and now the other wall is coming at you and the winds turn in the other direction. >> i listened to these republicans for months prior to comey's decision saying we trust comey, he's a straight shooter. we'll abide by whatever he decides. then as soon as he decides not to prosecute, comey sucks. he's terrible. now they say he's doing the right thing and the democrats are do the opposite. my impression is that he's a straight shooter, he calls them like he sees them. he doesn't strike me as a guy who would be pressured by politics. but you know him better than i do.

you tell me and our viewer what is you think. >> i worked with jim comey for about eight months before i left. i've worked with the senior executives who were involved in this investigation. i trust them all. i trust them to be a political, to go where the facts take them to make the right decisions based on the facts and the law. i don't for a second think that they were influenced by a call from the white house. i don't think they were briefing the white house. i think they would reject calls like that. >> what about a call from loretta lynch? >> i think they would battle back based on the facts and the law and they would push back based on their view of how this should proceed. you know this, there are often differences between investigators and prosecutors. at the end of the day, the bar for them to take a case forward is not indictment. they're looking preindictment at do we have a substantial chance likelihood of prevailing at trial. and now we're talking about somebody who wants to be the

president of the united states with this profile. you better be damn sure before you indict we are going to win at trial because we have an airtight case. they clearly were a great distance from that. i don't think any of them were influenced by that. i trust my former colleagues and i think they're going based on what they see, what they discovered and the law. >> he would have understood how huge the political implications were of what he did today. >> unquestionably. he knows. he's looking downrange to figure out how am i going to be attacked, what's going to come at me and am i doing the right thing. he's looking at the man in the mirror struggling with the criticisms that he's heard but wanting to do the right thing. >> ron, great to see you. >> you too. well earlier voting is already well underway in this country. but new revelations may have people wishing they could take back their ballot.

is there any way to do that? trace gallagher joins us with that from the west conference newsroom. >> it appears that hillary clinton is outperforming donald trump especially in some of the batter ground states. although we should note that democrats have done better than republican when it comes to early ballots. as to whether you can ask for a doover, it depends on where you live. in 29 states, including ie ohio and florida, changes are not allowed. in 14 states, including arizona which is a dead heat, we couldn't find any information about whether early votes could be changed. but experts say if the information isn't readily available, it likely means you cannot do it. there are eight states that allow you a change of heart but in minnesota, hawaii and connecticut the deadline to change your early vote is november 1, a week before the election. in pennsylvania and louisiana you can cancel out your early ballot anytime by voting in

person. in new york you can request a new absentee ballot up until the day of the election. and if missouri is the show-me-state, you might call wisconsin the i can't decide state because it turns out they can change their vote three times before they submit a final b ballot. >> thank you, sir. we'll be right back. don't go away.

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like this. he's so excited to be here. i think we should wrap early and give it to sean. he's got a theory. he's going to bring it to you. you have to wait five seconds, four, three, two and take it away. i do have a theory. we'll get to that. megyn, thank you. this is a fox news alert. get home with the kids. they deserve to see their mom. 11 days before the election of hillary clinton, now the democratic nominee for president, she's under investigation by the fbi. the bureau announcing it's reopening the case of the private server. donald trump is holding a rally in cedar rapids, iowa. mayor rudy giuliani, he'll be here with us as well as former house speaker newt gingrich. first, ed henry standing by in