call unitedhealthcare or go online to enroll. >> see you back here in an hour. "outnumbered" starts now. sandra: fox news alert. we are awaiting a donald trump rally in grand rapids, michigan where the gop nominee will likely have new reaction to the hillary clinton email bombshell. this as the fbi has a warrant to examine thousands of emails connected to top clinton aide huma abedin this is "outnumbered." i'm sandra smith. here today, harris faulkner, host of "kennedy," on fox business, kennedy, also from fbn, co-host of "after the bell," melissa francis, today's #oneluckyguy fox news senior judicial analyst, judge andrew napolitano, and he is outnumbered. i wish we had more for to you laugh about. >> unfortunately dreadfully

serious stuff. take it with a grain of salt but it is very serious. sandra: as we await donald trump to take the stage in michigan, bombshell rocking the clinton campaign just eight days before the november 8th election. the fbi pouring over thousands of those emails, connected to hillary's long-time aide huma abedin which were found on a laptop belonging to her estranged husband, disgraced congressman, anthony weiner. as fbi director james comey is under pressure to release more information. following his stunning announcement friday that his agency would once again be examining emails possibly related to clinton's time as secretary of state. here's clinton campaign manager robby mook on "fox news sunday." >> we were very surprised by this letter and what we're asking at this point that the director comey just get all the information out on the table, all of it, so that the american people can judge for themselves. we have no information

whatsoever about what might be in those emails and again, according to yahoo! news it appears that he may not have seen any of these emails at all. sandra: we have this reaction from house judiciary chair, republican bob goodlatte. >> i did ask direct tore comey yesterday to make available to the american people just as john conyers and democrats have asked, as much information as possible so they can make that decision when they go to the polls. sandra: chief intelligence correspondent catherine herridge has more from washington. catherine. reporter: sandra, government source confirms to fox news that metadata on anthony weiner's computer showed positive hits for clinton emails as well as government records from the state department. metadata is like the address on a letter, you know who it is too, who it is from but you don't know the content. a separate intelligence source says based on metadata it appears a virtual certainty the

new clinton records are on the computer and likely contain classified information. the warrant will allow investigators to move beyond the metadata to search anthony weiner's computer and read the emails. a source close to fox news team, bret baier, it was to back up his estranged wife's smartphone contacts and in process backed up all emails as well, probably ending three to four years ago, but still covering the critical time period when huma abedin was at the state department with then secretary of state hillary clinton. on "special report" last night the republican chairman of the benghazi celebrity committee whose investigators first uncovered clinton's personal account says the director is being unfairly targeted by democrats. >> jim comey is not responsible for a single one of the facts at hand. he didn't tell her to use a private server. he didn't tell huma not to turn over all her devices god knows he didn't tell anthony weiner to

send sexually explicit texts to allegedly under age people. reporter: as far as on going reporting that fox news was first to report in january the fbi email case expanded to public corruption whether intersection of clinton foundation work and government contracts amounted to pay for play. a former fbi executive told cnn over the weekend those cases were not shut down despite efforts by the obama justice department. >> fbi has an intensive investigation ongoing into the clinton foundation and huma abedin and her role in the foundation and possible allegations concerning the activities of the secretary of state in the nature of the foundation and possible pay-to-play. that is still looked at. reporter: "the wall street journal" was first to report and fox news independently confirmed that the justice department, pardon me, was in fact tapping brakes on fbi investigations into the clinton foundation and this issue really came to a head

between the fbi and justice department officials this summer. back to you. sandra: catherine herridge thank you for all the reporting on this. open this up to judge andrew napolitano. here we are noon hour eastern time on monday before the election. eight days out, judge. give us an idea what it looks like inside of the fbi now. they have this warrant to go over thousands of emails, what are they doing right now? >> so i spent the weekend and as did catherine, some of our colleagues receive information variety of law enforcement and intelligence community sources. when that information is corroborated with, we go with it but when it contradicts we investigate further. i have a pretty good idea as does catherine whose work is superb as you know, i have a pretty good idea what is going on. the search warrant authorizing the fbi to get into and actually read emails was not signed until last night. the application to induce the judge to sign the search warrant

did not mention hillary clinton t mentioned huma abedin. so the way for them to get into the laptop beyond anthony weiner's emails, he gave them the laptop, consented to them reading his textings and other things he may have gathered in there. they're looking sorry to tell you for child porn, all things involved with him, to read other ones from humanma. they need a search warrant. to get a search warrant what is the criminal basis? that huma did not tell the truth when she was interrogated by the fbi because they now have evidence that contradicts it. do we have all of your emails they asked her in the interrogation? yes you do. then they find 650,000 emails she didn't tell them about. as we speak now, hundreds of fbi agents, somewhere in washington, d.c. and some also in new york city here have broken up the 650,000 emails by various dates, times, places and metadata and are beginning to examine it to see if there is

any evidence of criminal activity on the part of anybody, anthony weiner, huma abedin or hillary clinton. sandra: right now we're hearing calls from republicans as well as democrats give us more information. we're eight days out. more information. what is the next move bit director james comey? >> this is where i have been very, very critical of james comey. it is odd for me to be on the same page as eric holder but i'm on the same page here. it is absolutely unlawful and unethical for anybody in law enforcement to give a progress report on an investigation midstream. he should not have sent the letter on tuesday. should have unleashed the fbi agents to do all digging he can. when he finds evidence of a crime, he ships it to the justice department and they decide it guys to grand jury. for him to comply with what republicans and democrats would be another violation of the law. this is evidence of criminal behavior. he can't reveal it midstream. harris: what you're talking

about is the hatch act which prohibits official authorities get involved in anything this close to an election. that is how i understand it, that is what senator harry reid says is the crime that james comey -- >> harry reid is off the wall. this is not a hatch act violation. the hatch act is a federal statute that applies to all federal employees except the president and vice president, that prohibits them from using federal assets, federal time or the aura of their office to campaign, not to make a law enforcement decision that has an effect on campaign but actually the campaign. this is not a hatch axe violation. the violation regulates prohibits making announcements about somebody whose name on a ballot within 60 days on a ballot and due process. how unfair to mrs. clinton. she has constitution rights like rest of us. we have something on you. we can't tell you what it is. melissa: can i point out something catherine herridge said that was interesting and

very important. she said huma abedin was backing up her phone to the laptop? to me, first of all she knew what she was doing. she knew all the emails were there when she didn't have them any longer or didn't have a relevant device at home, that was for sure lie. backing up fon to laptop is active thing. that moons all the deleted emails, 33,000 emails looking for, if she was backing up her entire device to her laptop, then she has all of them and she knows she has all of them. kennedy: she admitted under questioning that she never delete ad thing. i don't know if she is guilty as that. anthony could be technical one, go ahead, let me handle this. i will make it easy for you, when you come home from work you open up your laptop, all of your contacts will be here. maybe he didn't tell her all emails were there. i don't give her that much benefit of the doubt. i think it was personally motivated by anthony weiner.

maybe he knew this was bargaining chip that he could play in a sink -- >> bret baier reported from some incredible sources while anthony weiner is not cooperating with the fbi, that is, he is not sitting down and talking to them, he has been croptive because he handed over the laptop are -- cooperative. they didn't have to go to the grand jury get a subpoena, they didn't have to go to a federal judge to get a search warrant. harris: nasty divorce case. >> his problems are far worse than divorce. he is facing 50 years in federal prison and if they find child poon there, yes. sandra: we'll get to that later, this case we forgot to mention it, we're eight days out, eight days until we head to the polls. when you're not voting keep yourself glued to the fox news channel, best coverage and analysis all day long into the wee hours of the night. fnc is the place to be on election day. we're awaiting donald trump in michigan.

stepped up attacks on hillary clinton in the wake of fbi stunning announcement. can he turn hillary clinton's latest emails problems to his advantage? talk about a change in strategy. hillary clinton no longer laying low, going negative big-time on donald trump. will this help her and make voters forget about all her scandals? after the show click on the overtime chat on foxes news.com/outnumbered. facebook.com fnc and tweet us any questions you have. send them in. the judge is here. we'll see you there. you didn't read your

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♪ harris: donald trump seizing on the fbi's renewed investigation into hillary clinton's email server to help boost his campaign. some calling it a -- gift. at rallies over the weekend he slammed hillary clinton's latest bombshell of corruption. >> now the fibgy has found, you will not believe this one, another 650,000 emails. [shouting] how do you get to the 650 -- i

think that is called the mother load. i think they found them all. this is is the single biggest scandal since watergate. we all know about hillary's mounting legal troubles that she's brought to herself, with her willful and deliberate criminal misconduct. hillary clinton is not the victim by the way. she is not the victim. you the american people are the victims of this corrupt system. in every way. harris: but even with trump hammering away at this issue his campaign manager says the email revelations will not be the main focus of their campaign in the final stretch. watch. >> we have a couple different paths to 270. we'll continue pursuing them this week. we're talking about obamacare. people are opening up mailboxes, clicking on their computers to see their premiums are rising out of control. eisnaugle sis, job creation and

ethics, we're not planning comey main talk about our messaging overall. harris: we'll talk about the damage he can do to her by using this. new polling shows that 34% of likely hillary clinton voters see less likely they would vote for her because of that. that seems to be something to talk about. >> you know i think his goal needs to be undecideds because this information over the weekend, and i'm parroting larry sabato of university of virginia knows far more about this than i do, will drive democrats to vote for hillary, that will come to the belief she needs every vote. driver waiverring republicans toward him that they have more antipathy toward mrs. clinton. kellyanne conway may be on to something.

the undecideds are interested in the different presidencies the two have, rather than her emails they have heard enough. at least the way i understood kellyanne. sandra: clearly this is opportunity for him to grab all positive headlines and every headline about her is speculation over what the fbi found or is finding in those emails. isn't this opportunity to take the high road and hammer in his his message? >> yes. in fairness to her, those 650,000, are unlikely to be all hers. the crowd, they have found 650,000, they're not all -- kennedy: what if 6500 are? what if 1% emails have classified information or they are directly pertaining to secretary of state, something she should have turned over? >> this brings us back to july 5. jim comey's press conference. she didn't commit a crime. she was not grossly negligent, the standard under the statute. she was reckless, this is hillary clinton.

that's the mistake that he made at that time which i think he is now trying to collect. the mountain of evidence sufficient to indict, prosecute and convict on july 5 was overwhelming. he discounted it. harris: okay but, go ahead. melissa: bringing back to trump's strategy and i was on duty at this and probably watched the emails and trump more than anything else. he was right to hit on it but went to obamacare. that was number one thing he spent most time this weekend goes along with kellyanne's strategy. for a lot of americans, that is what matters to them. they're opening up the bill and seeing the premiums have jumping to $1300 a month, all the numbers they can't afford. very nicely you're talking about whether or not she can be trusted but i have got bills to pay. i can't pay them. obamacare is disaster. kennedy: that is smart pivot for them. the thing that influences people for undecided voters in relation to hillary clinton, it is not details what emails contain or

who has them or the relationship between huma and hillary. i think the important thing here is people realize, this is going to bleed far past election day and what is in here? what else has this woman done, is she accountable for? that is also what drives unfavorable ratings and untrustworthiness. harris: judge, before we move on the issue, some suggestion on "fox report" last night, donald trump used free media to talk about obamacare, by 30 minutes to have fireside chat to talk about hillary clinton, irrespective how the media might want to couch his comment he pulls out of that. quickly, what are your thoughts? >> i think he is far better off, far be it for me to give him advice, far better in front of a crowd. he would be board himself doing a 30-minute fireside chat. harris: we'll move on. hillary clinton appears to be reversing course, going negative big time on donald trump. two weeks ago she was laying low while trump dealt with fallout

over that leaked video from 2005 where he made lewd comment about clinton. clinton lightened schedule and tout ad positive message. fast forward to now, after fbi bombshell clinton is in attack mode. watch. >> donald trump is doing his best to confuse, mislead and discourage the american people. i mean he is such a downer, right? i mean, who pretends to help kids with hiv and aids in order to make themselves look good? it is time for him to stop fear-mongering, stop distracting from what's really at stake and frankly stop disgracing our democracy. we can't let him get away with it. of course, because he is refused to release his tax returns we don't know if he has ever given anything. here is what we do know, with donald, it is always donald trump first and everyone else last. harris: hillary clinton's

campaign even released a new version of the haunting 1964 daisy ad about nuclear weapons to raise fears about trump many. >> this is me in 1964. the fear of nuclear war we had in children i never thought our children would ever have to deal with that again and to see that coming forward in this election is really scary. >> trump asked three times -- >> three times, why can't we use nuclear weapons? >> i want to be unpredictable. harris: she is going negative. is this in balance, that ad? i heard you make -- >> i sighed because probably only one on the couch old enough to remember that ad. harris: we study history. >> fierce supporter then and still lover of great senator barry goldwater, it pains me then but pains me now. it was profoundly terrified american public. except hardcore conservative republicans which were fewer and

lyndon johnson won in a landslide. harris: it is in bounds? >> it is in bounds. almost anything is in bounds at this point but it is unusual for the leader in the polls, which she has been and to stern extent still is to go so negative. so usually leader in last seven days wants to act presidential but -- kennedy: she was caught flat-footed. they have no idea what is in this trove. the fbi is not being forthcoming. james comey has gone rogue. he and loretta lynch are no longer working together. i believe lynch was shielding the former secretary of state and was informing her what was going on. that is why people have so many questions about the meeting that attorney general and former president had in phoenix. and now, it is funny because hillary clinton says, that donald trump perhaps hasn't donated any money. we know he donated to the best charity in the entire world, the clinton foundation. that is something.

sandra: to be clear, to go back to -- i don't even know if i can continue. james comey, you said it will be illegal for him to give update on the investigation. it is not he is holding out on us. >> when democrats say, show your cards, republicans say show your cards, he is not going to show they should be careful what they ask for. sandra: talking about hillary clinton for a second i had to look up exact words and act date, october 23rd, following the three presidential debates she says she doesn't think she will respond to donald trump anymore. she will let voters decide, american people decide and what he offers to them. she will talk about what the next president will do. she certainly as you rolled tape on her in recent days, certainly getting away from that and on the attack going after donald trump. harris: she changed subject. last night on "fox report," doug schoen who worked inside clinton white house, known hillary clinton for such a long time. he dropped a bombshell on us, brought up the words constitutional crisis.

i want to watch it and ask you about it? >> okay. >> if the secretary of state wins, we will have a president under criminal investigation with huma abedin under investigation, the secretary of state, the president-election should she win under vision. harris, under these circumstances, i am actively reassessing my support. harris i'm deeply concerned that we will have a constitutional crisis if she's elected. harris: wow. >> i want to learn more this week. see what we see, but as of today, i'm not supporter of the secretary of state. harris: constitutional crisis. he says that we will grind to a halt. >> doug is a friend and very bright person and well-educated and well-schooled lawyer but i do disagree with him. in a case called clinton against jones, when paula jones sued bill clinton the supreme court basically said civil litigation, automobile accident, sexual

harrassment the president has to answer for it. if it is criminal the president doesn't have to answer for it until he or she is in the white house. that issue number one. this seems unthinkable, unpardonable, hint, hint, there would be tremendous political reaction. she could pardon herself. barack obama could pardon her day before, the day after election day. so i do think doug's concerns, though well-grounded would not play out the way he fears they might. melissa: isn't it interesting it would be like again. >> yes. melissa: clinton days, constant legal challenges, parsing of the word it, we are right back exactly where we were before, it would be another four years just like that. >> we might be back to where richard nixon was when he was inaugurated in '73, with law enforcement snapping at his heels -- you don't remember? how long have i been around?

when law enforcement was snapping at his heels in minute one and caught up with him in summer of '74. harris: who gets ignored. people, economy. it is on. hillary clinton and her team in attack mode against fbi director james comey after he said his agency took another look at clinton's email scandal. whether this is good strategy to go after comey too or could it backfire. you're a smart saver. you find ways to stretch your dollar. so why not compare your medicare part d plan with other options?

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♪ sandra: hillary clinton and her team going on the attack against fbi director james comey in the wake of stunning new revelations about her email scandal. at a rally in the battleground state of florida the democratic nominee appearing to suggest that director comey is trying to influence the election. watch. >> now i'm sure that some of you may have heard about a letter that the fbi director sent out

yesterday. [booing] it's pretty strange to put something like that out with such little information right before an election. in fact it is not just strange, it's unprecedented and it is deeply troubling because -- [shouting] voters deserve to get full and complete facts. sandra: also clinton's camp posting defiant online video where her press secretary, brian fallon, slams the fbi chief and says the entire thing is overblown. >> fbi director james comey row leased to congress unbelievably vague letter light on facts and heavy on innuendo. it only serves to give republicans new line of attack against hillary clinton. the more information comes out more overblown it is seen and more concern it creates about director comey's actions. sandra: clinton campaign circulating a letter asking

former federal prosecutors to sign criticizing comey, reading in part, quote, comey's unprecedented decision to publicly comment on evidence in what may be ongoing inquiry just 11 days before a presidential election leaves us both astonished and perplexed. perhaps most troubling to us is the precedent set by this departure from the department's widely respected non-partisan traditions. what do you make of hillary clinton saying comey is trying to influence the outcome of the election? >> i don't know that he is trying to influence the outcome of the election as much as he is trying to undo the damage he did on july 5. twofold, one by defying the obvious saying there isn't enough evidence here to prosecute her for failure to secure state secrets when there was mountain of it. two, below the radar screen now, we get this from sources, revolt by fbi agents, both young fbi agents who worked on case and senior and now retired fbi

agents that he didn't do the right thing and made the agency look wrong. now in his efforts to reverse this, or temper it, he's created in my view even more of a mess. i will tell you i was asked to sign that letter. i did not because it is my job to work on television. but i agree with much of it. it was unprecedented what he did and it was wrong. kennedy: quickly to the judge's point. this is really important. we're learning from "the wall street journal" you have a lost fbi agents that were trying to pursue leads investigating clinton foundation and they were told to back off from deputy director andrew mccabe whose wife received almost $500,000. >> yes. kennedy: from the governor of virginia, terry mcauliffe who is also under investigation by the fbi. >> yes. kennedy: in the same case. >> i have argued, tell me if you agree, that the clinton foundation public corruption investigation, you want to visit the secretary of state, you make a substantial contribution to her husband's foundation. then maybe she will let you

visit with her, is easier case for the public to understand, for prosecutors to win and for jury to understand than the email cases. >> talk overall about this strategy because the trump campaign has something to say about clinton going on the attack against the fbi director. here is kellyanne conway on fox and friends. >> it's a terrible strategy to basically go on full-on assault on the fbi director, calling him out and telling him to put everything out on the table. hillary clinton can do that today. she has to call her friend and confidante, huma abedin, say, tell us what is in the emails, tell us what is on devices that you shared with your pedophile husband who is sexting a 15-year-old girl in north carolina how we got back to this place in the first instance. i think it is terrible strategy but very much the strategy of hillary clinton throughout her career, which is to shoot the messenger, attack the person is calling into question your veracity and fitness for office but not a good look for them.

sandra: not a good look for them, melissa. melissa: harry reid is someone they called out on attack, no one can question the competence, talking about james comey. nancy pelosi was sitting with a spike ready to grill him and roast him. said this is great man. we are privileged in our country to have him director of fbi. tim kaine, wonderful and tough career public servant, jim comey is the somebody with the highest standards of integrity. tables is turned and turn again. last time around trump campaign, they were roasting him. now they say he is great. remember they loved him about five minutes before this happened. harris: got even nastier last night when senator reid sent out the note directly to comey saying in the end, i was person who delayed your confirmation. when others were against you i was trying to drum up support because i believed you were man of integrity. i now maybe was wrong. when you read end of that letter, it is, it is strong language. >> one voice we haven't heard on

all this, the person who appointed jim comey to run the fbi, where is the president in all this? are wheels falling off of the justice department? sandra: so many questions and you're bringing up more, judge. she is one of hillary clinton's closest aides and confidants. now huma abedin is off the trail and she could be in some serious legal trouble amid latest email drama surrounding her boss. could huma face criminal charges? and should she step down from the hillary clinton campaign?

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in june, she said under oath she searched all her device and when she left the state department she stated she didn't have any classified information in her possession. that is same scenario that landed former cia director david petraeus in hot water. it seems donald trump may have predicted something like that last summer. >> so huma is getting classified secrets. she is married to anthony weiner who is a perv.so she is marriedy weiner. do you think there is 5% chance, now anthony weiner of a public relations firm what the hell is coming across. kennedy: lord only knows what he is reading on laptop. still no sign of huma on the campaign trail today. here is video of clinton boarding campaign plane heading to ohio. judge, let's discuss this a little bit. you know, we bring up general petraeus and the crime that he was charged with.

how is this any different from, you know, the mathematical probability that huma abedin has classified information on that laptop? >> far worse than what general petraeus was charged with for which he pleaded guilty. general petraeus's matter were in loose leaves in his guarded and protected home. he was director of cia he shared them with another person, his biographer who he apparently had relationship, who herself had national security clearance. that is the extent of the david petraeus situation. now we're talking about the many, many national security secrets put into insecure place, called espionage. same crime for which hillary clinton investigated and mysteriously exxon rated by same jim comey. kennedy: does that set precedent for huma abedin? >> i hope not. i hope jim comey's announcement on july 5 was aberration, not a precedent. that remains to be seen. harris: one size fits all just for hillary clinton. so the potential for bribery

with anthony weiner given his past and present, his proclivity for texting all things. if you were talking about he was clairvoyant, donald trump, i don't know what it was, talk about a set up that was potent, potentially dissass truss with him having national security type information. if there is any classified or otherwise in there, it is not just that huma abedin was, you know, backing it up on their laptop, he had it, and anybody could have bribed him. >> i don't mean it will sound weird but it will sound weird i hope even a pervert can be patriotic. harris: you're right. that sounds bizarre. >> it was member of congress and chief of staff for chuck schumer, a mainstay in democratic politics in new york city. he knows, even he knows what not -- harris: this has to do with outsider wanting to maybe bribe. melissa: extorted, extorted, here is somebody doing something, anthony weiner, allegedly sending pictures back

and forth with underage girl. he is in position where he is totally vulnerable. he could be extorted of the. harris: exactly. melissa: catherine herridge said at beginning of show. backing up her phone to device what they share. what donald trump said was just logical. where she is sharing home and devices and electronics with someone who is out of control. who is terrible with technology. >> that's why the standard of proof in these espionage cases is not intent, it is gross negligence. melissa: there you go. >> could national security have been harmed by huma's gross negligence sharing it with her husband? could it have been harmed by hillary sharing it with sid blumenthal? sandra: based on what we actually know today, should humanitarian still be on presidential campaign? will she be there and or be gone? >> she should be in the her lawyer's office and negotiating with the justice department as

we speak just as hillary's lawyers negotiated with the justice department to keep her from getting indicted. harris: that may be the case. it is termed as being laying low. we don't know. >> i will share a wild one out there. anthony is cooperating with the justice department against his wife. how about huma cooperating with the justice department against her present and maybe soon to be former boss? harris: wow. kennedy: when people, when people go down and they get desperate, what do they do? they pull other people with them. it is obvious to see anthony weiner would do that, certainly with his wife, chosen career or marriage in one estimation. >> right. kennedy: you're absolutely right. why wouldn't she do exact same thing with hillary clinton if she is the one supposed to take the fall? >> can we do a story so i can laugh? harris: this might be awkward. >> all right. harris: that wasn't awkward. that was good. sandra: nothing in here will make you laugh. overtime, judge. harris: there we go.

kennedy: campaign all full of twists and turns rocked by yet another one. clinton email bombshell marking the sixth october you are is prize for this month. compared to others and october surprises of elections past is this one the granddaddy of them all? we will discuss. stay here. ♪ there's only one egg that just tastes better. fresher. more flavorful. delicious. only one egg with better nutrition- like more vitamins d, e, and omega 3s. and 25% less saturated fat. only one egg good enough for my family. because why have ordinary when you can have the best. eggland's best. the only egg that gives you so much more:

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harris: busy news day. more "outnumbered" of. let's go to jon with what is happening in next hour "happening now." >> trump is expected to hammer the clinton campaign for revelations of new emails found on computer used by her aide hume -- huma abedin. wikileaks reldeveloplations. we'll have comment from mr. trump live. hillary clinton expected to this afternoon in kent, ohio. we have brand new poll out of indiana to share. we'll talk with independent candidate evan mcmullin.

he is giving trump and clinton a serious run for the money in utah. can he win the interest additionally republican state? all ahead on "happening now." harris: look forward to all of it. >> thanks. melissa: clinton email bombshell marking the sixth october surprise of this campaign of the month started with revelation donald trump could have avoided paying taxes for 18 years. then there was the acts is hollywood tape with trump making lewd comment about women. that was followed by the wikileaks email dumps, giving clinton's campaign a series of headaches. where to even start there. then it was back to trump as several women accused him of sexual misconduct. last week obamacare jolting the race with the administration confirming double-digit premium hikes. and then of course there was friday's enormous bombshell, the fbi renewing its clinton email investigation. a lot of surprises so far this season. and i dare say, harris, we might not be done yet. harris: well, no. we found this out during the commercial break.

we actually knew but got a chance to read cnn statement. donna brazile to interrim chair is no longer employed at cnn what they're saying they're separating themselves. cnn never gave brazile access to questions prep material and background meetings in advance of the town hall or debate. brazile is confused giving predebate questions. we watched megyn kelly interview about a week ago. she was in hot water. now they have -- sandra: can you please continue that statement? we are completely uncomfortable with what we learned about her interactions with the clinton campaign while cnn -- kennedy: donna brazile became interim dnc chair because of leaks regarding debbie wasserman schultz. harris: not being fair to bernie sanders and having it actually rigged against him by the democratic party. kennedy: interesting thing here, elements coalescing this race have nothing to do with wick key leaks.

very curious the clinton campaign where they are flat-footed. they want more information from the fbi director because they want more ammunition and can't blame the russians. >> megyn kelly says to donna brazile, did you leak the information? donna brazile said, i'm accustomed to persecution. i don't like being persecuted. that is not answer. if this were in courtroom, the judge would say to the jury, you heard the question, you heard the answer, you decide what she is avoiding. harris: cnn decided it. melissa: there was more wiki that involved things from dan that brazile. it continues along that line. this makes past campaigns very tame. we were looking back at some other times we've seen october surprises. there was of course 1800, you will remember -- >> pointing at me? melissa: thomas jefferson called john adams, a heromophidital.

character. melissa: how it different. >> saying his character is male and female. >> he wasn't physically attractive john adams. harris: what is the next one, melissa? melissa: a lot in here. remember george w. bush when dui came out. it was an october surprise. that is so tame by comparison. now people -- sandra: that is the thing, eight days to go. final stretch we're there but so much can happen. >> odds of another surprise? harris: absolutely! >> another surprise? one more? harris: could we see situation by end of the day donna brazile might leave the chairperson open at dnc? melissa: i think not but we'll see. more "outnumbered" in just a moment.

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sandra: what a day it has been. election day is right around the corner. we want you to spend entire day right here. go out and vote. if you haven't yet, then stick around watch fox news channel. we'll have updates. we'll have very best coverage and analysis all day and night on november 8th. judge andrew napolitano. always good to have you, sir. >> such a great assignment. sandra: in your words goes by too fast. >> why does it go by so quickly, kennedy. harris: live chat is on fire. sandra: thanks for helping us

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