tv Shepard Smith Reporting FOX News October 31, 2016 12:00pm-1:01pm PDT
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>> i thought i was just coming here to pick him up just from trick-or-treating but turned out to be a whole lot more. >> a whole lot more, congratulations. the emotional reunion caught on tape in florida. here's shep. >> it's 3:00 on the east coast, noon on the west coast, water we're waiting to see what the feds will find, if anything, on anthony weiner's computer whom he shared wiffle clinton hayed, huma human huma abedin but we're seeing some political fallout. democrats accusing james comey trying to swing the election but the white house is arguing comey is a man of integrity. clinton and trump each holding events this afternoon. we'll have live coverage. plus, how donald trump's team is trying to take back some territory from the democrats.
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let's get to it. first in the news deck this monday afternoon, a cloud of confusion still hanging eve the 2016 presidential race, a little more than a week before election day. millions of voters across the country waiting to learn exactly what investigators have found and will find on the laptop commuter belonging to the hillary clinton aide, huma abedin's estreaked husband. the former congress mosquito anthony weiner. an intelligence ours tells catherine herridge the laptop contains new records involving hillary clinton. her catherine herridge reports the source confirm razz review of though device's tata turn it whop that called positive hits from state department e-mails and e-mails to or from hispanic hispanic and the data shows only which e-mail and account sent
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the messages and which account received them, not what was in them. according to "the wall street journal" article the laptop contains 650,000 e-mails e-mails unclear how many of them were to or from hillary clinton's private server. the journal report this laptop's metadata suggest this number could be in the thousands but some messages could be duplicates of e-mails the fbi has already reviewed. the newspaper reports investigators believe anthony weiner and the top clinton aide, huma abedin, shared the computer, but according to politico and "washington post," abedin says shes to not know how the e-mails ended up on that twice. the fbi did not get a warrant to satch the messages until yesterday. and we're told it could take weeks to sort how to them. though they're putting resources on it and hope to do so more quickly. hillary clinton has called for the fbi to immediately release
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the messages to the public before election day, which is now eight days away. she wrapped up a rally in ohio. donald trump set to speak very soon at rally in michigan. he and other republicans have been hammering secretary clinton since the fbi director james comey on friday announced the agency is reviewing the newly discovered messages. ed henry from the white house and then catherine herridge on the investigation. what else are you learning about the newly discovered e-mails? >> reporter: a government source confirms the metta data on anthony weiner's computer had positive hits from clinton's e-mail serve and government records from the state department. the warrant will allow investigators to move beyond the met to dat to serve anthony weiner's computer and read the supports of content. a source says it seems the laptop was used to back up his estranged wife's smart phone contacts and in the process, it backed up all her e-mails as
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well. probably ending three or four years ago but covering the time federal when she was at the state department with then sect hillary clinton. abedin told the fbi she routinely sent state department e-mails to her person yahoo account where it was easier to print than the clumsy state department system in june she sworer in oath in a lawsuit that she never deleted any of her ream i'ms and searched throw all her devices for government roberts about the sworn declaration is now in question. the fbi leadership in washington, including director copy and his deputy learned about the laptop and the records in early october. >> any word on when officials at the fbi actually learned about these e-mails? report report great question. >> reporter: we know in september there was a subpoena issued for anthony weiner's devices and got the computer and
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then, by early october, these forensic expects were getting positive hits for huma abedin. they didn't think that much at the time because it was a device that was communal within the home, about as they searched further they had to get new authorities to look at the records because it was beyond the sexting case and this is when they started getting the hits for the clinton e-mail.com records. we're told this information was shared with hawks in waze in early october, and it's worth noting that andrew mccabe, james comey's deputy, has been under scrutiny bus his wife, ran for state senate seat in virginia last year, and she was personally recruited by terry mcauliffe, a long-time clinton ally and from mcauliffe's pac she received in excess of $675,000. the fbi said it was not' a conflict of any kind, but what
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we have heard from current and former agents is they feel it really was a conflict of interest and mccabe should have been taken out of the equation. so for the missing three weeks from early october to until now it is not clear if there was unnecessary delay or just the bureaucracy of the fbi to take the necessary steps to read the records. >> thank you. the top democrat in the united states senate is now accusing the fbi director of trying to swing this election. senator harry reid is accusing james comey of breaking the law with his announcement of the clinton e-mail investigation. reid claims the feds are sitting on what he calls explosive information about donald trump and what could be ties to the russian government. again, that's from harry reid. we can't confirm. president obama, through his spokesman, today auld comey a man of integrity and character. the white house press secretary
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went to great helpings to say the president does not believe the fbi director is trying to affect the outcome of the election. ed henry is live in washington. a difficult position for josh earnest today. >> reporter: it is. harry reid is saying the fbi director broke the law, when has the leader in the senate ever said that about what is supposed to be nonpartisan fbi director. the candidate herself, hillary clinton, enough at rally after rally saying james comey should basically put up or shut up, that the fbi is trying to influence this election, and there's josh earnest at the white house podium ripping that talking point from underneath hillary clinton. watch. >> the president doesn't believe that director comey is intentionally trying to influence the outcome of an election. the president doesn't believe he is secretly strategizing to ben benefit one candidate or one political party. >> reporter: the opposite of what the campaign is saying.
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what might be saying is the justice department was pushing back on james comey and wanted to know why he moved furford right now. that looked like political interference from the obama justice department, and so josh earnest may have been trying to overcorrect that and say we're going to stay out of this one.ee stand, director comey is hearing it from the political side of the aisle. >> reporter: no doubt. you have some former republican attorneys general saying this might be a bit too far and you have the pressure from democrats on capitol hill, who, remember, just few weeks ago were saying james comey is a pair gone of virtue for not pressing charges against hillary clinton. now they're all over him. >> you don't comment on an investigation because commenting on the investigation may jeopardize the investigation. and that's the box he put himself in because people are calling for more information, for release of the e-mails. >> don't want to appear to be putting your hand on the scale, and here he opens up the fbi to
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at the accusation that it's trying to have an impact on the outcome. not good for the bureau, not good for the public. >> reporter: then more pressure on comey from republican judiciary chair chuck grassleying. he just fired off a letter saying whether or not they ever push to convenience a grand jury because in would force huma abedin and other aides to compel them to testify and turn over documents rather than these negotiations back and forth, which really gives hillary clinton and her campaign loot more leverage. >> ed henry in washington. thank you. ahead, hillary clinton's campaign used to praise the fbi director's independence and now they're calling this investigation disturbing and unprecedented. but if the clinton cam goes to war with the fbi director, hillary clinton's aide is lying low. we're live on the campaign trail coming up. eight days until the election. a week from tomorrow. stay with us.
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which is 30 miles southeast of cleveland, or title town -- we'll see. she told the crowd the fbi should examine the i'ms but says she is sure the feds will come to the same conclusion they did last time when the fix director, comey, insisted no rome prosecutor would charge hillary clinton. jennifer griffin is in cincinnati following the clinton campaign. >> reporter: it's interesting that huma abedin is not traveling with hillary clinton yet again today. she is most likely back in new york. hillary clinton came straight out on to the stage at kent state and addressed the e-mail controversy off the bat. she told her voters and told here supporters not to get distracted by the latest remarks by the fbi director in that letter to capitol hill. she told them to keep their eyes on the voting. here's what the said. >> i am sure they will reach the same conclusion they did when they looked at my e-mails for the last year.
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there is no case here. >> reporter: she was forthright in her defense. she said you may be confused by this talk about the e-mail. and admitted she made a mistake but urged her supporters to keep their eyes on what is really important. >> she likes to stay on offense. that's been a clinton trait for a long time. she went after donald trump pretty good today. >> reporter: well in fact, her speech today was supposed to be a closing argument, a national security closing argument. she was introduced by a former air force nuclear missileer. he led an open letter from former nuclear officers in the air force who say that donald trump should not be president and should not be given the nuclear codes. here's what she said. >> when dozens of retired nuclear launch officers publicly state that donald trump should, and i quote -- not have his finger on the button -- then this is a topic that can't be
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avoided. >> reporter: the campaign released another ad today, powerful testimonial featuring the actress from the haunting 1964 commercial for lyndon johnson about the danger pose bid nuclear weapons. she was the little girl in that ad. what is notable today, shepard, is that hillary clinton's tone at kent state was very similar to what we saw when the gave her first national security speech on the campaign trail during the california primary out in san diego. that is when she first started using donald trump's words against him, things he had said, for instance, about nuclear weapons and about the country's national security. that is the tone that they -- the campaign wants to strike today. back to you. >> thank you. so, how much will the fbi e-mail investigation shake up the race, if at all, in final weeks before the election? we have to the polls and will speck with political strategists from both sides of the political aisle and get you up to date. that next.
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affidavits ago to go, a week from tomorrow. hard to believe. the trump campaign trying to use the investigation into hillary clinton's e-mail to it advantage and the clinton campaign is it trying to downplay the news. julie is a democratickist, and morgan is the national co-chair of the consecutive maverick pack and each is with us on elect night. so, i was wondering on friday what would they make this into politically? you had to make it into something because the truth is we don't know what is there. none of the people telling you they know what is there. knows what is there. we don't know yet, if there's
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anything there or nothing there or something there, if it's huge or nothing. but in the meantime in that lack of facts world you get to play politics. >> my side is having to operate with the lights turned off, you don't understand what you're booking. >> you want to change the narrative and get the narrative back to your happy place. >> i thought you would want to change the narrative but they're doubling down on the issue and saying that jim comey acted in ways that are inappropriate this close to an election. so they're not backing down and trying to chapping -- change the subject. you saw hillary clinton taking it head on and john podesta. >> and the white house saying, be careful with your rhetoric. >> who knows what is going to happen. if onemer woman came out and said i got harassed by donald trump inappropriately, is anybody who is trump supporter going to say, this is it? the same thing with clip top.
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if you're voting for hillary clinton you have already baked in the e-mail scandal. i'm not sure it's going to change your mind. >> i know what would change your mind, an indictment would we're not there -- >> not going to get one. how are thinks looking for republicans. >> for republicans feels line fun finished business. i think the fbi looks like the keystone comes. came out friday with this letter to congress, and they didn't have even a warrant to look at the e-mails. so there's a lot of republicans that still feel that while comey didn't indict her, he gave all the reasons he should but stopped short. this is vindication -- one thing to say we don't have enough information to indict hillary clinton or her top aides. but it's another thing to say, there are is still clearly security violations. so did anyone lose a clearance? was anyone counseled on security cleans violations? is anyone prohibited in working for government for mishandling classified information? i think for the republican side
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it's unfinished business and they're saying, she deserves this. >> there's not a lot of polling that is updated but a little bit. an abc news poll and tracking stuff. we don't see, our decision team, nobody connected with this organization, sees any change in trends. that not to say that wind change but right now we see nothing and the status quo would mean a loss, for instance in north carolina, means there's no donald trump presidency. and yet he is not in north carolina or niche like it -- anyplace like it. he is headed to michigan. help me understand that. >> i can't help you understand. where i think the anecdotal evidence is the republicans that were considering still not voting for him, some of them just threw up their hands and said she is just that corrupt. so if thissening depress some of her millenial and african-american turnout and get some of the republican colorado come home to trump he can get close.
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the electoral college, even caly epa conway says is still a challenge for him. but this is the last thing that you would ever want for your candidate to happen. >> if you lose the moderates who have not made a decision can -- i don't know these people yet but the people who have not made a decision who aren't true red or true blue, if you keep them from coming to the polls that's a win. >> the question is, who are these people -- >> i don't know them. >> and what are they doing? if you have not made up your mind yet you're probably not voting. this is empirical data. >> and special a ground game for the republicans to get you out. >> the republican says hispanic hispanic -- h hillary clinton hey know who the voter and is how to get them to the polls. that's something the trump campaign institutionally has not done and that's a massive mistake not to have done. >> if you're running in a senate seat in north carolina and
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pennsylvania and new hampshire and -- >> that's a big difference. >> you're saying, vote for me as a check to hillary clinton, this is a gift from god. >> that true. >> the downtown ballot has been talked about but it's the most interesting part. that check is something that resonates with people. if you were on the fence and is this your last straw with hillary clinton this is a reason to vote republican and if they get that vote, hillary clinton is going to have a rough four years and i assume that's the goal. >> we're all going to have a rough four years. >> i can tell you that. >> how would that be? >> i donald j. trumple is sworn in on january 20th -- >> there is anything internally that suggests tomorrow. this may be different? the kind of thing now, a revelation of these e-mails that might change this game, aside from indictment. >> i'm not sure because things have got son politicizes and who knows about the e-mails, they
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could be duplicated or not. there woken by in the revelations unless there's leaks from the fbi. what jim comey should do is just come out and have a press conference and answer some questions about what happened and why, but he's not going to do that. >> would that last part do you agree? >> i think we sheave a e have an independent property. we talk about dem -- >> dreamy for republican. >> there's an average american looking at this good going how do i trust the fbi and that not the position we want the american people to be in. republicans he could offul today. we don't want the fbi politicized like this. let's let an independent prosecutor come in and restore some dignity back to the process because it likes like in the muck. >> thank you beg. >> thank you. >> see you both for election night on tuesday if not above.
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coming up we're live with the trump campaign. he is about to speak. that it trumps event. normally if someone is singing, it must mean, yes, something like -- goodness gracious. warren, michigan. we'll go there shortly. hang tight. i've never been #1 in anything until i put these babies on. now we're on a winning streak and i'm never taking them off. do i know where i'm going? absolutely. we're going to the playoff. allstate guarantees your rates won't go up just because of an accident. starting the day you sign up. so get accident forgiveness from allstate. and be better protected from mayhem, like me. that just tastes better. fresher. more flavorful. delicious. only one egg with better nutrition- like more vitamins d, e, and omega 3s.
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all been unrigged if only temporarily. donald trump today praised james comey after the fbi director announced the agency's reviewing newly denver discovered e-mail from a laptop we know belongs to huma abedin's estranged husband anthony weiner. here's what trump told supporters in michigan. >> it took guts for director comey to make the move that he made in light of the kind of opposition he had where they're trying to protect her from criminal prosecution. you know that.
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it took a lot of guts. i really disagreed with him. i was not his fan, but i tell you what, what he did, he brought back his reputation. he brought it back. he has to hang tough because there's a lot of people want him to do the wrong thing. what he did was the right thing. >> you remember donald trump as he mentioned had been blasting the fbi director after comey announced the agency would not charge clinton. there are no charges. the republican nominee called the move unfair, and said it was evidence that america's political system its, all together now, rigged. trump is set to speak in any minute at another rally in michigan. the national anthem has been sung. we expect to have live coverage in a moment. this is the city ofway outside detroit. the real clear politics average of recent surveys in michigan -- the poll on which we rely because it's an average of poll wes trust. we know their methodology and understand how they did it and believe they're very, very
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eliable, as reliable as anything available, and right now, why how in michigan? in this case you're down seven points. but the idea is to try and two into some democratic areas and make hay there. carl cameron is in warn with more. michigan seems to to most analysts a long shot. is that now wrong, carl? >> reporter: the polls are tightening just about everywhere and the principled battleground states were almost all within the margin of error. here in michigan we're not just in any part of michigan. this is macomb county, and it's takes credit for being the birth place of the so-called reagan democrats, and they switched and so trump's coming here with good purpose. also coming here with a really. ad up message. earlier in grand rapids he suggested that should he somehow
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lose, notwithstanding his claim that at the system its rigged, hillary clinton rod victory would bring about -- well, he hinted at the possibility of impeachment and used the kind of words that can be very ininvite full. >> unquit and upal to be the president of the united states. and her election would mire our government and our country in a constitutional cries -- crisis that we cannot afford. we have to get back to work. we need to be going to work for the american people. we can't do what hillary would like to do and that's become president. you can't take it. can't take it. nobody can take it. >> he used the term constitutional crisis, to the former first lady of the last
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president to be impeached is combustible stuff. trump is not taking any prisoners and is charging hard to make this a real opportunity to win the election. >> you have been following him a long time. did you notice on the campaign trail a difference in style now that we have reached the last eight days or so? >> reporter: yes. began before the comey memo to congress when the government -- when the obama administration onlied that obama premiums are going to spike. trump appeared to focus and since then he has had a lot of wind blowing his way and a lot of things changed. the advance work, the way the campaign sets up stuff. they were making pumpkins not just for us, the other media, too, and the whole press riser is draped with -- >> they gave it to you or threw it at you? that definitely a change.
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>> they are feeling very, very hopeful. if there was ever a more optimistic time in this campaign, bell hard to find it. >> happy halloween, carl. enjoy it. >> the number crunchers at 53 prediction blog says is if the race comes down to one state, the one that will probably make the difference is, florida. i mean, you -- we have heard more recently that maybe it's actually north carolina. not so much florida anymore, that north carolina could be the check mate for hillary clinton, but at 53 53 they say statisticy florida has the greatest chance of being the tipping point that will decide the winner, one week from tomorrow. the fox business network's adam shapiro is live in tampa. how is the controversy over the home i'ms playing out? >> we have been traveling the state, and when we speak to different people, whether they're democrats, republicans,
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clinton or trump supporter, what we seem to here consistently is i made my mind up sever weeks ago. this just reinforces what i decided. let me let you listen to people in their own words. >> no, just made me more adamant i was voting for trump. because i cannot understand how anyone could vote for someone that could deceive our country like this. that could lie. hasn't influenced any vote in the very fact i had already made my choice. but i think it's good that it comes to light because we need to be aware of what is going on. we need to be aware they hidden things coming to light is important for the voters who are up decided. >> reporter: people will say that the unaffiliated voters, those not afaility or registered with a political party, they're the ones who count the most but it's hard to get people to an they're in that calf. >> i read more than two million people have already voted either
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by absentee or early voting in florida. what are we learning from the early voting numbers. >> reporter: the very short answer is republicans, people who identify as registered with a political party, are leading in the race to turn out voters by a slight margin in florida. those who voted by mail. republicans rounder 852,772 ballots. dem emcrats 7,160,000 ballots. at a polling station the democrats are leading slightly there. but overall, when you add it up, republicans are leading in the turnout the vote machine at least among people who are registered with the party. >> thank you. hillary clinton and truthful trump dead -- and donald trump dead even at least as to who is least popular. six in ten voters say they think
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up favorably of secretary clinton. 59% say huh huh to clinton and 59 say huh-uh to donald trump. 59% say they don't want either one of them. hillary clinton used to have the edge in popularity but not much of one. the poll polsters say donald trump has gained and hillary clinton as met and they're in the 59% range. most of the polling was done before the news broke on friday that that the fbi is looking at i'm i'ms they may be pert inept or not be pertinent to the e-mail investigation of the secretary of state, hillary clinton. let's bring in tom bev vein, -- bevin. the polls are interesting. starting with florida. the new "new york times" poll which includes october 25th to the 27thing has trump 46, clinton 42, chills barely ever so barely outside the margin of error and your real clear politics average has trump 48.8 and clinton 44.3.
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so, five-tenths of a point. have half a point. where is florida now? >> i think it's an absolute point off. we have varians three or four polls show trump with small lead, few polls show clinton with the mall lead. the average has trump up less than a -- if guess half a point, and so it really is a coin toss. it's going to be -- i hate to say -- hanging chad but could be that close in florida. >> another one, north carolina, think personally -- i don't know as much as the rest of these but i -- north carolina looks like the check mate state to me. people of interest can disagree on this matter but right now, hillary clinton has a lead in the most recent nbc wall wall and maris poll. a poll we trust, a poll that tom includes in his average. hat clinton at 47, trump at 41, but the average of the polls
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from real clear politics has clinton with the three-point lead. you win north carolina if you're hillary clinton and you win this, unless you can figure out other math i can't. >> well, i agree with you. i think north carolina tis crucial, and it's the one state, if you look at our real clear politics average, the only state in the past few days where hillary clinton has improved her position. in other states she has ground and trump gained ground except for north carolina. and he has to win pennsylvania. the only way he would still have to win florida, obviously, still have to win ohio. but if he loses north carolina, to your point, it's checkmate unless he can reef place those electoral votes and the only place to get that amount is to win pennsylvania and right now he is trail big five and a half points. >> ruff spited by the new indiana poll? i out monmouth university from october 27th thank you yesterday. she is up by 11 points in
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indiana. your average of the polls has her up by exactly seven points. seems like a lot inform indiana. doesn't it? >> has trump up in indiana. >> i'm sorry, halt trump up. and then this the poll has clinton up by 11. i don't understand that. >> i thought the new poll had trump up in indiana -- >> any numbers are wrong. >> the interesting -- >> that makes more sense, tom. >> the interesting news in that poll is that the senate race there is tied, and that was one the democrats were counting on with evan evan bayh are. >> how much of that do you see in downtown ticket any wonder what friday's revelation or lack of revelation or nothing, what effect that would have on downticket races. >> still we don't have enough data that is really captured what happened over the weekend because the news broke late on friday, but i think republicans
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are looking at this as a potential shot in the arm. part of the robe, though, is because of enthusiasm. if donald trump supporters are excited, if donald trump has momentum heading into the vote, that's going to benefit republicans downticket. likewise, if clinton's voters are didn'ted by this news, if she is not able to get past it, and you have the marginal clinton voters that were not sold on her initially. they've go home and don't vote for the democrat, for senate, that's going to hurt as well. so too mayoral to tell but not necessarily -- hunt like it's good news for democrats downballot. >> tom, thank you so much. look forward to seeing you on election night. he'll be working with 0 fuss for seven ours of conk knowledge and because my information is wrong, i want to schöpf this indiana poll out of monmouth university again. my information had clinton with a big lead there and that's wrong.
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donald trump with a big lead there. this new poll has donald trump with an 11-point lead there in the state of indiana, and the average of the polls, which does not yet include this monmouth poll, has him up by seven points but that's going to go up bus they'll through that monmouth poll in there ha healthy lead for donald trump and this if the new correct version off out indiana. the current head of the dnc is out of her job at cnn. new wikileaks e-mails show donna brazill fed questions to hillary clinton's campaign before the debate. they denied it. she didn't say the words, i didn't do that, but tried to get to us believe he didn't do it. now there's cnn is flipping out over there and donna brazill is in as hot a water of any democratic leader has been since the person she succeeded. it's a mess. i'm here in bristol, virginia.
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cnn says it was completely uncomfortable witch what it learned. now cnn announced if dropped the acting head of the dnc from its pal row ol' e-mails from wikileaks showed donna brazill gave more questions to clinton's campaign before she faced off with bernie sanders the network is revealing that it cut ties with her completely earlier this month after wikileaks published messages showing donna bra brazill fed the christian tom cam questions. brazill dough nice she did anything wrong, even accusing fox news of persecuting her. >> as a christian woman i understand persecution but will not be persecuted because your information its totally false. what --
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>> i'm getting it from podesta's e-mails. >> well, podesta's e-mails are stolen. you're so interested -- >> dein it. >> you're like a thief that want to break into the night that things you found. >> megyn gave their he opportunity to deny it and just kept yelling at us about our persecution. that's not nice. the late latest wikileaks i'm each is not the first time it was found that donna brazill tend off hillary clinton. the subject line of emi'm rates and i quote one of the questions directed to clinton tomorrow is a woman with a rash. the e-mail goes on her family has lead poise sons and she women ask what hillary clinton will do to then the people of flint, meaning flint, michigan, and the water crisis. not long after the e-mail got out cnn announce it it had parted ways with brasile two
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weeks ago executives said they were completely uncomfortable with what they had learned. which is comforting. and claiming that they never shared questions or background information with her. sounds like what they're alleging is that she heard people talking in the hall over there at the cnn. she tweeted today, quote, thank you, cnn, horizon to be a strategyis and commentateyear on the network, god speed to my colleagues. peter barnes is live in washington. persecute her more. >> well, shep in the tweet today as well, she said that as far as commenting on the latest revelation from wikileaks on tipping off the clinton campaign, again, she referred us back to the statement she issued three weeks ago in which she denied doing that. and that was that. so we just got a tweet from her
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on the latest one today. and also new today from wikileaks we want to recall that story we reported a couple of weeks ago on a purported e-mail on a $20 million donation from the king of morocco to the clinton foundation which was contingent on hillary clinton attending an event there in 2015. a in e-mail shows in 2015, two months before she announced her campaign, after a wall wall story about donations donationse foundation, the campaign manager wrote, john podesta, quote, this i why moore rocco would be a problem. she is out selling her story. clinton cancelled plans to go to morocco and her husband went instead. right at home's professional team thoughtfully selects caregivers to provide help with personal care,
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housekeeping, and of course, meal preparation. oh, that smells so good. aw, and it tastes good, too. we can provide the right care, right at home. when they thought they should westart saving for retirement.le then we asked some older people when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement. just start as early as you can. it's going to pay off in the future. if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges.
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when the next president's first job could be to fill the empty seat on the supreme court, republican leaders are refusing to hold a hearing for president obama's nominee, but should hillary clinton win the house, well, might not fill that slot at all. shannon bream is live at the supreme court. thought you have to do that? >> well, shep, here's how it's going to work. takes 60 votes to get any supreme court nominee to work through the process. unless democrats pick up 14, and nobody thinks they'll get to that. they need some republicans to help them move a nominee. here's what nor john mccain said days ago about that. >> we will be united against any supreme court nominee that hillary clinton, if she were president, would put up. >> his office craved that by saying he is speaking from his understanding she always supports like recall judicial
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nominees and will give a full examination of vetting to anybody they but up. the democrats have an option in 2013 they invoked the nuclear option. now the democrats vice presidential pick, himself a senator, ten kaine says it's a possible that if the republicans won't play along, they'll invoc the nuclear option to move along a nominee. >> thank you. we'll be right back. raveled, what is your nationality and i would always answer hispanic. so when i got my ancestry dna results it was a shocker. i'm everything. i'm from all nations. i would look at forms now and wonder what do i mark? because i'm everything. and i marked other. discover the story only your dna can tell. order your kit now at ancestrydna.com.
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forming after a revolution that began 499 years ago today. must be a big party next year. 500 years. cavuto is coming right up. should news break out, we'll break in. hopefully that won't happen. >> looking live at an event inway, michigan, where donald trump is expected to address supporters. you might wonder why michigan. as shep brought up. a state that looks like he is trailing by seven points but the trend of his internal pollsters theirs trend and the latest fbi probe developments have the wind at his back. already both candidates seized on that development to push their case. >> took guts for director comey to make the move that he made in light of the kind of opposition he had with their trying to protect her from criminal prosecution. >> i am sure they will
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