latest info before you vote. again, thanks for watching us tonight. i'm bill o'reilly. please remember that spin stops here. because we are definitely looking out for you. breaking tonight just six days before america votes. another bomb shell dropped on hillary clinton's campaign. this one with serious details of the fbi's investigation into the clinton foundation. and talk of a possible indictment. news that mrs. clinton supporters fear could alter the course of this election. of her presidency. should she win on november 8th. welcome to "the kelly file," everyone. i'm mellin kelly. while the server scandal dominated headlines, there is confirmation from two sources familiar with the fbi probe that a separate investigation, this one into the clinton foundation, not the e-mail scandal, but the

clinton foundation, including allegations of pay to play, has now taken a quote very high priority at the fbi. what's more, this investigation is far more expansive than previously reported. sources telling fox news's own bre brett bear will happen next week and brett reporting that agents are likely to continue to try to push to get an indictment. that's the language he is using. in moments we will be joined by former new york city mayor and trump surrogate mayor giuliani and hillary supporter melissa vef reeto. we begin with catherine herridge. reporting, saying for months now, that there is a separate fbi investigation into the clinton foundation which others were loathed to report and which was denied to you repeatedly, but you had it, and sure enough

tonight we are hearing some stunning details about it, catherine. >> thank you, megyn. there is new evidence tonight that the fbi's investigation of the clinton foundation is not dead. with two sources close to the fbi telling fox's brett beier that they are strengthening their case. sources that would not speak on the record says evidence of pay to play will lead to more witness interviews. fbi agents are quietly working the clinton foundation case. in washington, d.c. and new york city. the justice department has been tapping the brakes by blocking access it a grand jury. as part of its ongoing investigation, fox news was first to report in january that the fbi e-mail probe had expanded to look at whether the intersection of clinton foundation work and state department business under secretary clinton may have violated public corruption lawes. while e-mail answerss and wikild

in january hillary clinton tried to dismiss the reporting as rumor. >> is that story true? >> absolutely not. it is an unsourced irresponsible, you know, claim that has no basis and it is something that really is without merit and should not have any influence whatsoever in this nominating process. >> three sources tell fox news tonight that computers belonging to clinton's personal attorney, cheryl mills on left, and healther sanderson were not destroyed as part of an immunity deal with the justice department but they are key to the case because they decide which clinton e-mails were government work deleting the rest. those computes are in evidence and still available to foundation investigators. while the review of anthony weiner's computer is not complete, fox news is told there does appear to be a lot of new

stuff and a strong belief among agents that classified material is in play, megyn. >> catherine, thank you. ? you're welcome. >> joining us now, rudy giuliani. sea trump surrogate and former prosecutor. this g to see you. >> good to see you. >> this is a separate thing. we've been focused on the e-mail investigation which comey just opened. this is the fbi investigation into the clinton investigation talking about pushing for indictment in absence of obstruction, they say. >> this is the one i always thought was clearer. i mean, as a former associate attorney general and u.s. attorney, i could make this case in about two months. i mean, i'll give you one example. a nice clear one. ubs, right? ubs gives the clintons $660,000 for the foundation. $30 million loan.

and $1.5 million speaking fee for bill clinton. hillary clinton travels from washington, d.c. to geneva to meet with the irs to ask the irs to go easy on ubs in the turnover of identities that the irs wanted of american taxpayers who are evading taxes. irs ends up with only 4,000 of the 56,000 identities they were attempting to get. to me, i can make a bribery case out of that. she didn't travel to geneva without now -- if there's an e-mail that connects the two, then you just don't have a bribery case, have you a bribery case you can't even defend. >> so can you -- i mean, you are a former federal prosecutors. how does it work, how is it that just now, we're -- so we're a couple days froout from electio. this would have been good to know weeks ago. >> because my friend, comey, made the wrong decision in july. >> what about this one? why wasn't this disclosed? >> you have outraged fbi agent

that talk to me. they are outraged at the injustice. they are outraged at being turned down by the justice department to open a grand jury. they are convinced that loretta lynch corrupted the justice department. you've got people in the justice department in charge of this investigation who are defense lawyers for clinton people. this is about as outrageous a corruption of justice department has ever seen. >> so let me just ask you, mr. mayor, we have been reporting on dissension inside the fbi, alleged -- >> oh, it is real. >> you think this is the fbi or someone affiliated with them just getting this out there. they say people need to know. they need to know what comey disclosed last week and need to know this too. >> these are men and women who swear to uphold the law. an bunch of slimy washington politicians. like the obama administration and the people clinton would bring in. reality is they are outraged what they have seen. mrs. clinton has violated easily

20 or 30 federal laws. i could outline them for you. i could show you how i could prosecute them and commit them. everyone around her has taken the fifth amendment. taken immunity. >> those immunity deals may not be worth the paper written on now. because if they lied to get them then they don't stand. what does it take if you have director comey, who is willing to take the risk he said last friday. i'm row opreopening. i found stuff. it isn't good. we are doing an investigation. how would that same guy not disclose something this big happening on another track? >> i can't speak for jim. i knew jim when he was a young assistant u.s. attorney of mine. i don't know what happened to him. i know way back if july when i read that memo, that's a prosecutorial memo, it is just the opposite of what he said it. every reasonable prosecutor would have prosecuted that case

in a second. i won convictions on half the evidence that the fbi had gotten in july. he has an fbi, jim has an fbi that's in revolt right now. and i think that's one of the reasons why he came out and did what he did to try to control his agents, who after all, are true law enforcement people. and what they see is about the slimiest stuff that we've seen in washington since probably tea pot dome. this is worse than water gate. they corrupted the state department. pay for play. and corrupted the justice department. you can't go much further than that, megyn. >> mr. mayor, good to see you. >> thank you. >> joining me with more with, hillary clinton supporter, melissa vif reeto. there are conflicting reports about whether the fbi is in fact divide end low morale as some claim and whether that case that comey declined to prosecute in july was in fact prosecutable. >> look, i think that it is it is a nating that wee are seeing

all of this emerge six days out, two weeks out of an important election. and we have a candidate in donald trump who is on the press business, on the owe busine business,pies /* on the owe business, and when you have a hillary clinton who is been in the public eye for many years, disclosed every private donation, 40 years of tax records made available for, you know, for transparency for everyone to see, versus a candidate who hides, right, behind not releasing his tax forms or who is charitable quote unquote foundation, is a scam. >> they may also be investigated. but let me speak to you about that. >> interesting to see this is coming out now. >> we know why friday's news came out when it did. director comey's office spoke to that. they say they just got anthony weiner's computeer.

all roots point back to weiner. >> and any sort of verification, whether or not -- >> let's not condemn director comey's motives. all of the democrats defended him as second coming back in july when he declined to prosecute. now they don't like him. this is about the other piece of the investigation which is in a clinton foundation. if these two sources familiar with the fbi investigation who have now spoken with fox news are right, this is a quote very high priority within the fbi. there is a quote avalanche of new information coming in everyday on this investigation. that these two women may have lost their immunity now that their devices are exploited at this moment and that this investigation is much, much more extensive than previously reported. >> they are accusations and i don't believe they have foundation or merit. it is again interesting that six days out of this most important election psychel th

election cycle that this is coming out. they have been in public eyes for years. so i cast a lot of doubt on this. again we have the most capable candidate in hillary clinton who has 40 years of tax records on-line. where every donation to the clinton foundation, independent watch dog groups have talked about the good work. >> we learned some things through wikileaks just in recent -- >> we will never know about wikileaks -- >> i know, i know. russia. >> we have an investigation into trump and some of his -- high ranking members of his campaign and links to possible russia and any sort of communication. that was not disclosed. so it is incredibly interesting -- >> and that is paul man ford who is no longer with them. >> and considering that all of the information leaked on the side of the fbi happens to be about clinton and nothing about trump. that will cast doubt and concern -- >> that doe investigation is not under way. perhaps the leaking is inappropriate but that doesn't

mean the investigation is not under way. you understand as well as i do that the american people, they don't want to elect somebody who might get indicted and she's got now two tracks against her. e-mail investigation and clinton foundation. >> and trump is being investigated on multiple tracks as well. trump school. his foundation. so there may be an indictment on his end as well. this is not -- again, i believe that information that has been leaked on clinton is going to be found to be unfounded. she is the most highly qualified and most transparent candidate that we have. >> transparent? >> yes. >> all right. i have to leave it at that. i don't have time to take that one on. a growing list of top democrats attacking jim comey and in moments we will speak with one of director thome's top advisors. this so long time friend of his. about what we should expect from the director next. what is director comey thinking? this man knows and he will tell us. new reports that top

official at justice was selling -- a top i should say, was selling insider information with the clinton campaign during the e-mail investigation. from his private e-mail account. former doj attorney jay christian adams is here on that. two dramatic say the polls dropping in the last few hours. we will show you why team trump is thrilled about what they say. wait until you hear what's happening when we come right back. >> next tuesday we will have one last glorious surprise for the pundits, politicians and special interests when we win and return the power back to the people. that's going to happen. going to happen. ♪ fifty years ago, humpback whales were nearly extinct. they rebounded because a decision was made to protect them.

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breaking tonight, parade of democrats slamming director james comey is growing yet again and they are not holding back. senate minority leader harry reid, same man who called comey a fair impartial director in july wrote the director a letter this week suggesting quote through your partisan actions you may have broken the law. new york senator chuck schumer who once called director comey a quote towering figure at justice is now telling bloomberg quote, i do not have confidence in him any longer and suggesting the

director's decision was quote appalling. earlier this afternoon both former house speaker and arguably president obama himself joined the chorus of critics now going after director comey. >> maybe he is not in the right job. i think we have to just get through this election and just see what the casualties are along wait. >> we don't operate on innuendo. we don't operate on incomplete information. we don't operate on leaks. >> joining me now columbia law professor daniel richardson. you have known comey for a long time. you used to practice law together. >> yes. >> you say he is a straight-shooter and you are a friend of his and adviser of sorts. what do you make of the piling on now? nancy pelosi in particular in like maybe he can't do the job. maybe it is time for a change. >> what people seem to forget is whatever he did would have had

political ramifications. if you stay silent and don't correct what people seem to think is that an investigation is complete, and you let that thought go to people as they say vote or maybe let's say as they move into running the government next year, or you speak. and you speak as good as possible. i don't think he is unaware of the fact that there's an election going on. i don't think he is trying to influence the election. but either silence or speaking is going to implicate the election and he is aware of that and did what he felt he had to do. >> is this hard on him? sea human being. he seems like a real joe friday kind of law enforcement official. but is this hard on him to have this much pile on including today from the president? we don't deal in innuendo. we don't deal in leaks. >> i think that he is used to things being piled on. that comes with the territory. i also don't read what the president said as part of the

piling on frankly. i think that what the president said is people thought the investigation was complete. turns out the president was wrong on that. there is an investigation that was said to have been complete but is going on and that is all about the director said a few days guy. >> a lot of people believe this is not comey. he is not in charge. that loretta lynch is controlling him like a puppet and she is the puppet tier and she is not going to do anything on hillary clinton. is that true? >> i've never heard that particular allegation. >> trust me. >> it is an odd story to be spinning to think that he is the puppet of somebody who in all likelihood will probably not be there shortly. >> and he will be presumably. >> he will be. it is a ten-year term for a reason. part of what we want from the fbi director, is come what may, thrown thinks way, put your head down and make nonpartisan decisions even as you recognize people can spin them one way or

another. that's what he did and i think he's right. >> what about, i mean, people think it was inadequate in part because new stuff turned up on huma's home computer. how could that not have been picked up from the first swoop by the fbi. >> i only know what i know from the press report and it seems she didn't even know. as we back up computers we don't focus on, at least from what i gather in the reports, she was backing in up. >> last question, if the evidence justifies an indictment, if he finds evidence of intent which he wasn't satisfied was there in july, do you believe this man would be prepared to recommend charges be brought against hillary clinton? >> of course. if the facts change, the position changes. i don't think it takes very much work on the part of someone like jim to do that. >> great to see you, professor. thanks for being here. >> pleasure. >> and just hours ago, justice department defending itself over another growing controversy. the latest wikileaks dump

reveals that top doj officials reached out to the clinton campaign during the e-mail investigation in an effort to help her. one guy in particular. chief national correspondent ed henry has the details. ed? >> megyn, this is raising conflict of interest questions because it shows peter kazzic game hillary clinton's campaign chairman a heads-up of some of the details about hillary clinton's e-mail probe. he was represented during the monica lewinski drama. now he is a top at the justice department and wrote in 2015 that clinton camp should be on the lookout for quote an oversight hearing today where the head of our civil decision not justice will testify. likely to get questions on state department e-mail. another filing in the foya case went in last night or will tha.. it'll be 2016 before the state department posts e-mails.

this was shared along with a net additional chances for mischief presumably by republicans. justice department is down playing all of this since his e-mail focused on a public hearing on the hill and public filing. to be fair to podesta there have been some republicans suggesting cad zik is not running the show in terms of the huma abedin probe. trump say it proves his point about draining the swamp. >> one of the top justice officials involved in the e-mail investigation, assistant attorney general peter kazzic is a close associate of john podesta. these are the people that want to run our country, folks. >> however, cad zik is only involved in the huma abedin probe because he was updating lawmakers by the head of professional affairs. he is by no means calling the shots on the actual investigation. although if his contact with podesta was harmless in 2015 why

didn't he put it on his justice department e-mail which would have become a public record? he instead communicate bid gmail and now wikileaks made it public anyway. >> ed, thank you. joining me now jay christian adams. receiving the department's award for outstanding service. great to see you, chris. this is -- so he took a little trip outside of his lane because he has nothing to do with the division that was investigating her about really wanting them to know what was happening in the investigation. do i have it right? >> yeah. he basic slit congressional message boy. and instead of what he was doing is tipping off the campaign that a pleading was about to be filed. a pleading, megyn. that's confidential information. when a justice department lawyer tells a third party that we're about to file a pleading, they are breaking the rules. that's unethical. if i did that back in the voting section, alert the trump campaign we're about to do something, i would have lost my job. >> but they say the hearing is

public information. the briefing dates are public information. so how bad was this? >> well the briefing dates weren't public. what they fail to realize is that in the e-mail, he doesn't even think the pleading was necessarily filed yet. that's important. he said this may be filed in the morning. he was tipping off podesta that an important document would be filed that basically gave the hillary campaign the script, the script on what state was going to do with all of these e-mails. >> so it was, i mean, the advantage to hillary and knowing 12 hours before, was there one? >> oh, of course. 12 hours is an eternity in the clinton response machine. if you look at the subsequent e-mails, megyn, they are going back and forth on how to spin this. where as republicans on the hill didn't know what was coming. gives advantage when you have 12 hours of something this explosive. >> what is amazing and you can

tell how people feel when you see their response. justice was of course asked about this. like hey, why is this dude giving heads-up, why is he giving a heads-up to anything to the clinton campaign? he works for us. he doesn't work for hillary clinton. or for her campaign. so what's he doing? and justice said, well, he sent that e-mail in his personal capacity, not work hours. that's a quote. that's doj on the record. then went to say it is not department practice to provide strategic guidance to any campaign. when asked if his behavior was acceptable to justice, they did not answer. >> they made a mistake. they should have said he is assistant attorney general he has the ability to wave prove ledges, wave confidences. they made it worse by saying it was on his private gmail. that violate federal records laws. those are justice department e-mails on gmail account so they double down and made it worse with that excuse. >> you know what the thing about this is, not only do we see

these and have questions about what was going on between these individuals but how many times is this happening out there that were weren't captured by wikileaks. e-mailing someone other than podesta who was the one that got hacked, so we don't know about it. >> we do know about a second instance in wikileaks dump today of another clinton campaign worker getting this tip off from the day before that there was going to be an important pleading filed in the e-mail case in front of the federal court. so it is coming from two different direction chess doesn't surprise me because these guys are like democrat operatives on the taxpayer dime. >> they work for the woman who would ultimately decide whether to bring charges. that is who those two were technically employed by. and their boss has to decide whether or not to bring charges and they're tipping off the clinton campaign as key dates and strategic maneuvers in a case that did become public but as you point out did not appear

to be public at time they were disclosed. jay christian adams, always a pleasure. >> thanks, megyn. well break news today on two big poll swings in two critical states. have you taken a look at the latest polls in virginia and colorado? yes, virginia. stier walton marino will tell us about it next. and possible trouble at polling place possess. we will show what you they are worried about. don't go away. >> we have to vote. we have to get out there. we don't want to blow it, that i can tell you. we have worked very hard, all of us. you, me, everybody. and it is very historic what's happening. those new glasses?

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canyon state shows trump up by 3 point there. mr. trump is campaigning in florida meantime where he held a rally earl whier in pensacola. polls show trump with lead of less than 1 point, pointing to a barn-burner of race next tuesday. chief political correspondent carl cameron is reporting tonight from orlando. carl? >> hi, megyn. when you look at all those polls, it shows that trump definitely has some momentum and hillary clinton has either stalled or is losing ground. it is important also to look at the trend lines as well as averages which suggest that well clinton is still is in pretty good shape and donald trump still has more surging and more momentum necessary. there is also a question that comes up about whether or not he has spent enough money and his organization is prepared for this. for the last ten months there's been a steady worry among the republicans that his organization wasn't being built out the way it is necessary to compete in the general election. because of the surge that he's

had, he might be able to make up what frankly was a demonstratable deficit in terms of the number of paid staffers, number of volunteers, headquarters, number of ads run and number of dollars spent. trump said today that he is going to spend $25 million in next six days on 13 specific battle ground states which include places like michigan and pennsylvania where he has been losing in the polls. in virginia where he has been behind in some cases close to double digits. those are now back on trump's table and polls narrowed in those states significantly. but ground game really matters. it isn't sexy. trump has been definitely cashing in on the wikileaks p. today going after the quote collusion between the state department, justice department and clinton campaign. but he also knows that he has to be a little bit more human and tonight he suggested as he walked out on stage he said, calm down, donald. said it allowed. be cool, donald. which is something we have never

seen from donald trump who always sort of prides himself on being almost bulletproof and constantly sort of emitting this strength. he is tired. it is the sprint. and they are excited on the trump campaign because things seem to be going their way. it is still very close. megyn? >> carl, thank you. friends at real clear politics.com have a very clear way of looking at this race. what do you get when you force a toss-up state toward the candidate winning in the polls? today state by state polling shows mrs. clinton winning the white house by a slim eight electoral votes. what is turning heads tonight though is the fact that numbers two weeks ago suggest she would have won by 128. so she would have had a lot more to spare. joining me now, cohost of i'll tell you what, marino and stier walt here on fox news on monday's at night. this is chris and dana. dana, let me tell you about jasper too. how my best friends became america's dog. okay. this is amazing, right?

virginia appears back in play. virginia where she was ahead 12 points in early october. he now -- he now leads. i'm just looking at my information just coming in. there it is there. just read what's on the board. look. he now leads. he's got 3 points over her in virginia. stier walt, let me start with you. report tonight says they are stunned at trump tower at their own internal polls showing virginia's back in play. trump and mike pence making plans to get down there. do you believe it? >> well, if you have your internal polls you're doing it wrong. >> that is not internal. he said internal confirmed this hampton university poll. >> i would say this, the colorado poll is interesting to me. i don't think colorado has been polled nearly enough in this cycle. virginia has been carpet bombed with polling in this cycle.

this is one poll out of -- this is 1 out of 5 taken over bakesly commensurate period of time. this shows trump in the lead and others show hillary clinton 10 points ahead. are they catching something that other people aren't? i don't know. as you get down to the bottom of the barrel and down to the end you are looking for any sort of ping-pong ball that goes pinging and ponging. >> we are within hours of the election and i mean potentially dana seeing a -- i don't like to do math. 12 plus 3 is 15, 15-point swing in a state as critical as virginia with electoral votes. if that's real, that's huge. >> absolutely. there's reason for the trump p em to be excited. i think that obviously the news as you've been reporting today, i worked at justice department for a year then worked at the white house for about six. i've never seen anything like that in terms of the duluth of

terrible news for somebody. and in this case, the presidential candidate for the democratic party. i think that's huge. so the news cycle is certainly favoring donald trump. the question i think is what carl cameron asked, which is, can they get enough of a ground game to make sure that their voters who are are so enthusiastic get to the polls in larger number than hers. remember, months and months ago, donald trump said that the organization is overrated. and i asked him -- >> look at my rallies. >> yeah. i asked david plouffe about that. i said, does he have a point? he said, maybe, but i wouldn't want to take a chance. >> stier walt, they are tied now according to latest polls. she was up 4. >> i think virginia is fried like peanut but colorado is underpolled. there have been trump leads in polls earlier here. colorado is in play. and remember, trump needs to

flip a big blue state. now colorado is not quite big enough. but you put that together with nevada. put that together with iowa, put that together with ohio. which are all states where trump has polled consistently well and you see an alternate pathway for donald trump. this colorado poll may be it's the samples is wider than it aught to be. maybe. >> wider or whiter? >> whiter. like me. too many people in the sample. but colorado is a heck of a loss closer than people assumed. >> with days to go, this feeling's he got momentum and she is in trouble and by that i mean not only you know, campaign trouble, but legal trouble. >> it feels really big to me. i'm not basing this on a poll. this is my gut. yes she has early momentum and early voting on her side in states but to me this is such a

big deal that i could imagine a scenario where he wins the popular vote. the electoral college then becomes in question. i know you don't believe that. >> he is mocking you. off camera mocking. >> mocking me. but on that night, someone will -- >> we've been having this debate since may. i think you're wrong, but that's all right. >> can you have it here since nobody watches that sunday night show. oh, my god, i'm turning into o'reilly. >> it wasn't even sunday night, it was on our pod cast. >> why the mocking? >> yeah, chris. >> it is certainly possible. i would never submit it is not possible. what i'm saying is that some polls are right, some polls are wrong. there is a picture of the nation right now that says that hillary clinton is alead. by substantial margin and will win the election. there is another one that says that donald trump is surging through and we see it in a couple polls here and there. one of the two things is right. i doubt we will have a split decision. >> she is probably delighted that this election is not

happening on december 8th. you know? already you hear, she is like vote, vote early. vote immediately. okay, i got to go. good to see you both. thank you. i just want to tell that you something just hit on the wall street journal which will be big news tomorrow too. it follows up but it is a little bit different than the brett reporting we just got about a split between the fbi and justice and secret recordings. we will get into that in a minute. also coming up, new warnings about possible trouble at polling places on election day. pete hook stra and richard faller are here to discuss. don't go away on a busy news night. remember when you said that men are superior drivers? yeah... yeah, then how'd i'd get this... allstate safe driving bonus check? ... only allstate sends you a bonus check for every six months you're accident-free ... silence.

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fox news, agents at the bureau thought it had enough evidence to launch an investigation into the clinton foundation a year ago. but senior officials at the department of justice appear to have shut them down. joining me now is pete hoekstra, former congressman and national adviser to the clinton campaign and fowler fox news contributor. bear with me. this is just hitting. secret recordings fueled fbi feud in clinton probe. the reporting by develin barrett and christopher matthews is that they had the -- the fbi secretly recorded conversations of a suspect in a public corruption case. this person was talking about the alleged deals that the clintons made. and the fbi investigator said this is worth checking out. this goes well beyond what we saw on clinton cash by peter schweizer. this is something worse or more. and we are pushing hard to look into this.

apparently prosecutors at the doj said it is hearsay, weak, it doesn't warrant aggressive tactics like presenting evidence to a grand jury. and the person secretly recorded was not in the clinton foundation. thus a disagreement unfolded between some fbi investigators and justice on the other side of the disagreement and some fbi senior officials on the other side of the disagreement but it appears that mr. mccabe of the fbi, same guy whose wife ran for say the state senate in virginia who got the big donation from terry mcauliffe, there. he was objecting telling me i need to shut down a valid lead predicated investigation and justice said no, you don't need to. that is something that perhaps rehabilitates mr. mccabe in the eyes of his critics who thought he was too team clinton. bottom line appears to be some fbi agents really felt this thing was worth pursuing and on top of the news we got tonight

congressman about some agents saying there is enough to indict, your reaction? >> this is not at all surprising, megyn. for the last number of months and maybe now goes back a year and this may have been where this all started from is that fbi agents are committed to doing the right thing. they see evidence or indication of wrongdoing, they pursue it and start asking to have the tools. give us the opportunity to get warrants, subpoenas and present evidence to a grand jury and they are shut down. they want to get to the bottom of these things. whether it is the clinton foundation, whether the e-mails, appears to be a pattern of protecting the clintons and this just infuriated and started creating this great dissension within the fbi because they believe they are not entitled or

able to do their job. >> i've never seen so many leaks out of the fbi or justice. this is big. we will continue on the other side of the break and get richard's reaction. and it's stil recommended today. use as directed you totanobody's hurt, new car. but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do? drive three-quarters of a car? now if you had liberty mutual new car replacement™, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement™, we'll replace the full value of your car. liberty stands with you™. liberty mutual insurance. lots of vitamins a&c, and, only 50 calories a serving... good morning, indeed. v8.

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back now with our breaking news. richard, what journal is saying is that the officials at justice sent a message to all offices to stand down on the investigation

into the clinton alleged corruption. and the fbi agents were ticked off about it. and didn't appreciate that because they thought there was something there. good ahead. >> here eat thing. i think this comes down to two words, prosecutorial discretion. it is the prosecutor's job to determine who will make it to the grand jury or to court. i wasn't in the room, neither are you. you're a lawyer, counsellor. we don't know why what was in the evidence as to why it wouldn't make it to trial. with that being said, this is a leak offa palooza between the doj and fbi. they are racing to see who will leak first. >> they never leak. >> this is unprecedented. >> right. >> an election for six days left for all this leaking to take place. >> you have been on the little a long time congressman. what about the leaka palooza. >> there is a total lack of confidence in loretta lynch, peter cad zik.

what the fbi agents wlaand what america is screaming out for. this requires a special prosecutor to go in and have an independent view. >> richard, special prosecutor? >> no. just for the leaking to stop and the american people to see what all this leaking is about so they could go and vote in six days. >> before i let you go, what do you think, virginia, trump. 3. >> i am from virginia. i agree with chris stirewalt. virginia is fried as a peanut for hillary clinton. there is no surprise trump will win there. but election night, megyn, i will be with you. it will come down to latino voters in places like broward county, miami-dade and colorado. >> can't you just boil the peanut so it isn't as bad for you. we are disparaging that nut unfairly. good to see you both. we'll be right back. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me go further.

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cartels, militias, terrorist groups. they all need a place to park their cash and cherna is their dirty little piggy bank. we're going to insert into the country while nobody is looking. we're going to steal their money, sir? no, we are going to destroy it. we're going to finish this mission. anything we find is ours. do you want to trust a bunch of black water marks? i mean the rush, i've never felt anything like it. if we stay here we're going to die. then we die. a couple of years ago we add guy on the kelly file who gave a killer graduation speech. the theme of which was you are

not special. he was trying to convince today's millennials that being extraordinary was something they would have to prove to the world. an given that world would eye ford them. i loved it. because it mirrored the philosophy my own parents raised us with. in my new book "settle for more" here it is, yes, thank one thank you. you ceil, that's sean hannitiy, he feels it too. you will see i wasn't raised to be anything special at all. that as it turns out was great gift to me. i knew groiing up that what i was and wasn't good at because nobody ever lied to me about hi talents or the lack thereof. i wrote a this book in part because i want people to see that coddling their kids into thinking they are amazing at everything is really quite damaging, not to mention dishonest and bad for the kid and country. anyway, i did eventually manage to find something i was pretty descent at, i'm doing it right now. you know what i'm saying. yeah, i know. and i have written all about

that journey in my new memoir. a personal book. been under an embargo. basically two who have to hurt you if you found it. the publishers were like this. i first got it yesterday. no one has it. but can you have it delivered on november 15th if you order it now. amazon p.com. barnesandnoble.com. >> things, megyn. major fox news alert, explosive new details about the fbi investigation into the clinton foundation and hillary clinton serve that could alter the election which is six days way as brett baier reported earlier, foch news is told the fbi is actively and aggressively pursuing allegations of pay to play at clinton family foundation. the probing of the foundation is now quote very high in terms of its priority. and there is quote an avalanche of new information coming in everyday. agent also indicate that