seven at progressive field in cleveland. i hope you have a great night. after this you can relax a bit after that game. relax or not, hannity starts right now. have a great night. thanks. a major fox news alert. explosive new details about the fbi investigations into the clinton foundation and hillary clinton's private e-mail server that could now dramatically alter the outcome of the election which is only six days away. as bret baier reported, sources are telling fox news the fbi is activity and aggressively pursuing a case involving allegations of pay to play at the clinton family foundation. the sources say it is very high in terms of the priority and there is, quote, an avalanche of new information coming in every day. agents also indicate that multiple people are being interviewed and some are even being reinterviewed about the

case. the sources revealed stunning information about hillary clinton's e-mail server saying authorities believe there's a 99% chance that up to 5 foreign intelligence agencies may have accessed this server and taken these e-mails. here now with the latest details on all of this, fox news chief intelligence correspondent katherine. i don't know where to start. five intelligence agencies. would we elect a president that potentially could be blackma blackmailed? >> we know there is new evidence that the fbi's investigation at the clinton foundation is not dead. fbi agents are quietly working the clinton foundation case out of four offices across the country including southern california, arkansas, washington d.c., and new york city. and multiple sources say the justice department has been tapping the brakes on this investigation by blocking access to a grand jury. as part of the ongoing investigation, fox news reported in january the fbi e-mail probe

expanded to look at whether the intersection of clinton foundation work and state department business under secretary clinton violated laws. well there's now evidence of coordination in january hillary clinton tried to dismiss the reporting of fox news as rumor. >> is that story true? >> absolutely not. it's an unsourced, irresponsible 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. >> we also know tonight is the computers belonging to clinton's personal attorney were not destroyed as part of an immunity

deal with the justice department. both lawyers are central to the investigation. they decided which clinton e-mails were government work deleting the rest, and those computers are now in evidence, and still available to clinton foundation investigators. while the review of anthony weiner's computer isn't complete, we're told there appears to be a lot of new stuff and a strong belief that classified material is in play. >> all right. thank you. also tonight more proof that your government is way corrupt and doing everything they can do to keep hillary clinton from going to jail. wikileaks is out with even more evidence that shows collusion between the clinton machine and your justice department. we're learning the assistant attorney general who is responsible for informing congress about the newly reopened investigation into hillary clinton's private server is a long time friend of who? the clinton campaign jairchairm

and as a new wikileaks e-mail from 2015, the fbi guy from a nongovernment account gave podesta, quote, a heads up about questions the justice department official could have faced about clinton at a congressional hearing. first questions to a debate. now she gets these questions informal everything is handed over to the clintons. unbelievable collusion. he also appears to have tipped up podesta about when the state department would be releasing the e-mails. he wrote there is a house, judiciary committee oversight committee hearing today. likely to get questions on state department e-mails. another filing in the freedom of information about case went in last night or this morning that indicates it will be a while, 2016 before the state department posted the e-mails. this is beyond shocking and should concern every single american. the justice department is severely down playing what he did and telling fox news, quote, that he wasn't communicating via

official channels because it wasn't official business. he wasn't e-mailing. really? how stupid do they think we are? and yesterday he learned podesta once bragged that he was kept out of jail involving a monica lewinsky case. this is collusion. it's why back in june bill clinton thought he needed to meet with loretta lynch on her plane. and before james comey made a recommendation about clinton's private server. they said they discussed their grand kids and golf. really? 30 minutes? how stupid do they think we are? here with us, dr. ben carson, the editor and chief of laura ingram. laura, before i go to this, i want to put up bret baier's reporting.

this is so much here. i honestly believe between that and "the wall street journal" report tonight, that the odds of hillary clinton being indicted are massive. what we now know is this is a long ongoing investigation into the things that we have been talking about, and that's the pay to play practices at the clinton foundation. if you go back, maybe less than a year ago, james comey wouldn't confirm or deny that was happening. we have now learned the clinton -- go back to the previous one. if you can go back to the previous page. we learned the clinton foundation probe has taken a high priority. it will go into multiple deals, and the list made up of clinton foundation donors and friends of bill that would have first shot at haiti relief money. we know that agents of interviewed and reinterviewed multiple people in this case about the foundation. and we also have as part of it, that the sources say there's an avalanche of new information

coming in every day. and the fbi is reviewing statements from clinton and top aids and sources say the investigation will continue no matter what the outcome of the election happens to be. agents investigating would likely push and try to get an indictment. bret baier reported that tonight. the fbi has not destroyed the laptops of two clinton aids, and aids' laptops are now being looked into or exploited by the fbi. here's another interesting part. sources are now saying that 99% chance exists that foreign intelligence agencies did access clinton's private e-mail server which was the danger we've been talking about from the beginning. couple this with wikileaks and their revelations, they show a finding of intent, meaning conspiracy to commit a crime. officials have high confidence in what the agents found about the foundation. they think they have the

information for a prosecution. let's go to the wall street journal. we had it up there for a second. they're reporting secret recordings of a suspect talking about the clinton foundation fuelled an internal battle between the fbi agents who wanted to pursue the case and corruption and that goes back to what we were talking about earlier about this guy that's friends with john podesta and prosecutors who viewed the statements as worthless here's. people familiar said people using it from corruption. i don't want to take up the whole hour. >> i mean, i'll tell you this. i was a white collar criminal defense litigator as a lawyer. when you hal investigator going back to reinterview witnesses, they're only doing so because of new information and new evidence that they've gathered. and that is, indeed, what's happened here. whether we're talking about

sheyrl mills or some of the other top officials at the state department, they gave various interviews to federal investigators, had conditional immunity. it's a limited immunity. and now if through wikileaks and other documents that apparently are coming into the fbi and other information that's coming into the fbi, again, we don't know who is cooperating with them. we have to remember that. there are people who are freaking out right now. who are connected to this thinking oh, my god, i never signed up to do time for the clintons. i'm going to save myself. when you get into that mode of people saying i'm going to save myself, that's when it gets dodgy for the principal player. here talking huma abedin and hillary clinton. the legal jeopardy for clinton is growing by the day. if this is the type of intensity this investigation is gathering. >> okay. now, as brett reported, an

avalanche of evidence on the clinton foundation investigation barring, quote, obstruction in some way. agents investigating would likely continue to push for an indictment. let's move to another issue that was revealed today. that's the fbi agents making their case about the clinton foundation probe. but it's the justice department that is throwing up walls and obstacles, and then you have kadzik and information that the justice department as well as the state department were tipping off the clinton campaign, like cnn giving her the questions ahead of time. they cheated everything, apparently. how important is it that the fbi or at least agents are clearly leaking this information because they feel an injustice has been done? >> they don't trust the higher ups at the justice department. that's why they're going to this extreme at the fbi. they've been stone walled it looks like from the reporting on fox news and by doj and by

loretta lynch who you would imagine is probably consulting with someone in the white house. and this thing is being stone walled. they decided, look, we've got to save our reputation. this is the about the rule of law applying to everyone, no matter who you are or your last ti name. we're going to do this the right way. when you start throwing around possibilities of five to ten years in federal prison for federal conspiracy perhaps as newt said earlier, a rico violations, perjury under oath, destruction of federal documents, people are going to start believing it's time to save themselves. and to cut ties with the clinton people. and i think barack obama is going to be in a tough place here. if this is what's happening at doj, i mean, is this how he wants to end his presidency? >> i could tell you how it's

going to end. >> a special prosecutor. >> he's going to partner. >> well, i guess. but that's -- in the end that doesn't look good for him. a special prosecutor at some point has to be called in. if there's this much turmoil, you need a special prosecutor. >> i think laura touched on an important point. dr. carson, along with the chance that now 99% chance that five intention agencies, foreign intelligence agencies hacked into that server, okay, that means she compromised the american security at a high level. and we believe one of the reasons she was trying to avoid congressional oversight, freedom of information act request. that's why she set up the server. deleting the 33,000 e-mails, it probably was about the quid pro quo pay to play scam going at the state department. my question is laura is right. huma abedin signed a separation agreement, and she said, and

promised that she -- barring jail here, that she turned over all classified materials. every single instance that there's a classified piece of material on that computer, she's facing jail time. now are those people going to stand up and lie for hillary and go to jail for her? >> there's such an avalanche of corruption coming out every day. people are almost becoming numb to it. but there is a good thing here. the good thing is that these fbi agents who swear to protect this country and to uphold the law cannot sit down and put their heads down and shut up. this is what the corrupt people want to happen. they're not swamp creatures. and that means that there is hope for us. i've encountered so many people who are just discouraged and they say the whole thing is just a mess, and we're lost. but we're not lost as long as we have people like that.

and i do believe that there will be people who are out to save their own skins. this is all going to come out, because hillary knew that if she erased those e-mails and washed them, that would come into question and she would be criticized for that, but she also knew what was on the e-mails was even worse than any criticism she would get. >> we're only touching the surface. it'll take us the full hour tonight to break down all this new information. my exit question for both of you, in an hour and 46 minutes, we're five days away from the election. what is the impact going to be? 27 million people, 28 million people voted already. what are we going to do? >> i think people going to the polls and still voting, they have to be thinking do we really want to do this for another four or eight years? is this the best we can do? >> it won't last four years. >> is this really what it is to vote for the first female president of the united states?

if people want to vote for the first female president and that's all they care about, vote for jill stein. the stench of corruption is overwhelming. and i think even democrats have to think about that. >> i don't think they want the first female president to be carted off to jail. but the american people are wise. and thomas jefferson said that we would come to this point where we were about to change to something else and people would realize what they were about the lose and a movement would start and they would correct the situation. this is the correction. it is going to happen. i predict it right now. >> i hope the people of new hampshire, colorado, new mexico, minnesota, michigan, pennsylvania, wisconsin are watching. and florida. >> we're better than this. >> they control this election. good to see you. thank you. >> coming up, more reaction to the breaking news about the fbi's investigation into the

clinton's private server, now the clinton foundation. monica crowley and judge jeanine weigh in. later tonight with almost five days left to election day, we will speak with donald trump's son, eric trump. all that and more on this busy news night. all all that and simulation initiated. ♪ [beeping] take on any galaxy with a car that could stop for you. simulation complete. the new nissan rogue. rogue one: a star wars story. in theaters december 16th.

fox news alert, new reports on the clinton campaign tonight. bret baier's sources saying the fbi is aggressively investigating the clinton foundation and the probe will continue no matter who wins next tuesday. here with us monica crowley, judge jeanine. we'll start with you j r, judge.

they're talking about an avalanche of evidence. pay to play allegations we've talked about at length. this has been going on, in investigation for more than a year. we learned the foundation investigation is a high priority and they keep interviewing a lot of people on the foundation case, and the sources say the agents say they have collected a great deal of evidence and pressed on that. one source said a lot of it. and there is an avalanche of new information coming in every day from wikileaks, e-mails, they're interviewing all these people. a lot of people are saying things. wow. >> the it's time for a grand jury. it's time for loretta lynch to allow comey and the fbi to get this evidence before a grand jury and this explains why all of a sudden this case is reopened. yeah, i get the huma abedin, the

weiner part of it, but this thing has been going on for the whole year. and the fbi, there is a mutiny in the fbi. that's why all this stuff is coming out. there are four offices that continued to investigate, although justice tried to shut this down saying there's not evidence, this recording from this other person who apparently has an informant is here's. this woman should have been indicted a year ago. the money goes into the foundation. bill makes his speech, and then they get the benefit. this is classic rico corruption. go to jail. >> you're right. the fbi agents were pressing an pressing, and there was a rebellion building within the fbi. my special agent friends were telling me they were embarrassed at what james comey did in july and they were tired of answering questions from everybody that knew they were in the fbi. i think the interesting part of

this is why is the justice department where we now know they colluded with the clinton campaign. john podesta, the spokesman for the new investigation is john podesta's bff and said she got him out of jail. why are they resisting an avalanche of evidence. >> you are seeing the fbi's revenge. >> you mean the agents? >> the rank and file who worked so hard on this case, this is their revennage, and the timing is not a mistake. in the united states if you don't have a fair department of justice and fbi, which are only interested in enforcing the rule of law and finding the truth, then you have nothing. nothing else matters. all of this conversation that we've been having about the classified e-mails and the classified materials is important. that ultimately is the shiny object distracting everybody. the mother lode is the clinton

foundation investigation which we just confirmed today. >> follow the money. >> look at the iranian one deal. he gave money and got other people to give millions of dollars, and then they needed hillary to sign off on allowing the merger that allowed putin to have access to 20% of your uranium. >> the bigger point the american people need to know before tuesday is she leveraged her public office to enrich herself, her husband, and their foundation. >> but she did so at what cost? bret baier's sources say this, and beyond the money, which is as horrible as it is, because she sold out her office. that's what they're claiming, and i think that's what the evidence will show. we now know there's a 99% chance that five foreign -- let me translate. enemies of america. that five of them have access and taken the e-mails which number one would make her a

compromised president, potentially subject to blackmail. >> clearly, subject to extortion. >> and methods in jeopardy. >> she has sold america's national security for money. these people are gifters. she knew when she set up that server that it wasn't secure. she did it for money and to enrich themselves. she didn't care about our security. and huma abedin, i don't know who she and weiner are connecting with, but these are people who do not have our interest at heart, and if the american people have any common sense, they'll understand that this family has been corrupt since they came on the scene. >> this is a crime family. >> it's worse, because they weren't seeking the presidency of the united states in fact when you talk about five foreign acto actors, we can assume they're hostile. russia, china, north korea,

maybe someone else with the capability, and based on this knowledge, mrs. clinton or the islamic, mrs. clinton should have her top secret security clearance revoked tonight. >> there is a guy that is in jail that took six pictures on a submarine as he was serving his country. wife and child. he's in jail for a year for taking six pictures. five foreign nations hacked into her e-mails, compromised, putting at risk names, methods, personnel so they can enrich themselves and hide the fact that they were enriching themselves by making deals, selling out america's national security uranium? >> they will only destroy this country. we are on a road to destruction already. they will finish it. >> is this going to impact the election? >> i hope so, and if it doesn't, shame on us. >> i think it absolutely will. people have been exposed to the clinton corruption for 30 years. >> people are going to take this

into account, the people of new hampshire, wisconsin, minnesota, new mexico, colorado, pennsylvania. >> the american people have put up with clinton corruption. i think this is the straw that breaks the camel's back. >> we can't take it anymore. >> the nation -- this will be a constitutional crisis. you knew richard nixon personally and well. this will be beyond anything that happened in water gate. it will paralyze this country until she's removed from office. >> nobody died from water gate or made a cent. >> coming up, with six day to go before the american people head to the polls, eric trump joins us. and larry elder, sheriff david clark joins us later and also newt gingrich stops by straight ahead. my business was built with passion...

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i know the polls have tightened even before the story broke. how dou you feel about the developments? >> i'm concerned about this country. it's not the election. the fact that we have a presidential candidate who could be under indictment while in the white house is unthinkable. we have so many problems. you and i talk about this all the time. we have so many problems as a nation. the last thing we need is this distraction. we need to get this country back to work. we need to take care of the military and our vets. we need to take care of our educational system. obama care is failing. and to think that in so many other problems, quite frankly, but to think that a presidential candidate could be under indictment, under investigation and have to deal with this problem for years on end, i mean, this thing has tentacles all over the world. this is sooeerious stuff. >> we no loretta lynch and the department of justice didn't want the fbi to do this. this is rank and file guys

taking a stand. and john podesta literally the ethics of podesta and this guy who works there and the tip off, the collusion between the clinton campaign and the dnc, the clinton campaign and the justice department, the clinton campaign and the state department, all captured by wikileaks. and the obama white house because, oh, we got to clean up his mess when he lied about not knowing about hillary's private server that he e-mailed her on. i can't write a novel like this. >> i'm not a fan of people stealing e-mails. but the one thing i'll say, the one good thing that came out of wikileaks is it shows how corrupt these people are and how corrupt our government is. it's sad. i'm a civilian, you are. my father has always been a civilian. he's never been government. you see games and donna brazile giving hillary clinton a debate

question. you see what's happening there. you see the president e-mailing back and forth on a private server to hillary, and the coverups and the fact that we have to purge all the e-mails and do it right now despite the fact that congress told them not to delete any e-mails. you see the corruption of the clinton campaign. >> number one, it showed we have no cyber security as a nation. they did us a favor because we can fix it because we know it's so compromised. it shows a level of corruption. here's the other thing. we're not -- bret baier's report, 99% chance five foreign intelligence agencies accessed her server and probably wiped it clean? wow. >> that's why you don't have a private e-mail server. everybody has a g mail spam account. that's why you don't have a private aol or g mail server.

cyber security for everybody in the real world, it's something that plagues every single major company. you see them hit home depot and target. the first time the president ever talks about cyber security is when the dnc was attacked. i find that deplorable. >> your father has been making a strong comeback. i mean, the abc washington post poll is one example. the l.a. times poll, plus six today. but he's got to win the states. he has to get the electoral votes. he has to hold every state romney won and get iowa and ohio and florida and hold north carolina and nevada and arizona. think about this. and then he's also got to get congressional district two in maine and new hampshire. there's a poll i hear tomorrow that might show your dad up by one in new hampshire. just a rumor. it's actually not, and number two he's got to either get that

pennsylvania, minnesota, michigan, wisconsin. it's a tough row to hoe for any republican. >> yeah. i'm all over the place. i was in ohio all day today. 12 stops in ohio. the love is incredible. i'm actually in minneapolis right now. i'm going to be in wisconsin all day tomorrow. everywhere we go, the turnout is incredible. we're going to do it. there's no question. people are sick of this nonsense. people are sick of the corruption. people want our country back. they want our country to be vibrant. our career politicians are flushing our country down the drain. and it's got to stop. we're going to win this. >> if your dad wasn't win, this country will be paralyzed, zero progress. we'll continue our decline. it will be an unmitigated disaster. thank you. we'll see you soon. >> thank you. >> coming up, much more on the breaking news. new details about the fbi's

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fbi has given high priority into pay to play at the clinton foundation. the sources are also saying this is shocking, there is a 99% chance that up to five foreign intelligence agencies may have hacked into clinton's private e-mail server. why didn't we learn this sooner? hear with reaction, former speaker of the house, newt gingrich. this is not funny. people's names, methods, top secret, we're talking about the -- you know, special access program classification, the highest level? and five foreign governments likely enemies hacked into it? we're just finding out about it six days before an election? >> well, the whole thing is a mess, and is a sign of how much the obama justice department has tried to protect hillary clinton from the american people. you have two parallel skajcanda.

you have a real national security scandal, and anybody who thinks it's a small thing to have five different foreign governments now knowing a whole range of american secrets, this is really very dangerous. individuals may get killed. it's dangerous to our programs which may get blocked our undermined. the national security side is very well, and second, we're finally beginning to see coming into focus the depth of corruption that is in the clinton foundation, and then by the way, which i believe is a big part of why they had these secret server. i think from day one hillary and bill clinton knew they were going to exploit the secretary of state's office to get millions and millions of dollars, and they were trying to hide it. so in a very real sense, it's the corruption of the foundation which is driving the e-mail server which sets up the national security violation. >> there appears to be a war

between the department of justice that did not want this to go public and the fbi rank and file. clearly they've had enough, and they felt this information was pertinent enough to get into the hand of the american teem. i think they will go down in history as the heros when this book is written and this chapter is finished, but the other big discovery, an avalanche of evidence. i'm using an exact quote here. a lot of it. as it relates to the clinton foundation, and barring anything that might get in the way of this, that these agents are going to push to get an indictment is what they told bret baier. they're going to push for that. >> look, look, the justice department bu bureaucrats have donated to hillary clinton 36 times more than to donald trump. if you have all those donors sitting in the middle of this process, you know they're going to be protecting hillary.

i think there should be a serious question whether every person who donated to hillary shouldn't be required to step down in the justice department. we now have such a clear scandal involving corruption, national security that to have somebody who is already pro hillary supposedly rendering justice is an absurdity. >> now we have to add another question. how do we trust the justice department that has john podesta's best friend there leaking him information as wikileaks reveals, and we now know through the correspondents, tipping them off, we had already learned through wikileaks there was collusion not only with the liberal media that's probably not doing this tonight, but collusion with the justice department. they were tipping off the campaign of hillary clinton. the state department was tipping off hillary clinton and collusion with the obama white house. when he was caught in the lie of saying i learned about the private e-mail server from the

press, well, that was a lie, because he was e-mailing her on that server. and it didn't say state.gov. >> you have the government establishment trying to get candidate, their hand picked candidate to the presidency to enable them to keep control. this is very clear that this is a collusion on a grand scale between the official government and the campaign. >> how do we get it away from loretta lynch? how do we get it away from this pal of john podesta? how do we get these people the hell out of the way? >> i think it's clear. if you go back and look at the water gate precedence, i think it's very clear that lynch has to recuse herself, and andy mccarthy made the point, a former prosecutor of the world trade center bombings, he made the point the manhattan office in charge of the corruption

scandal for the clinton foundation was overwhelmingly populated by people loretta lynch hired when she was the u.s. attorney in that office. so you get bill clinton made her an important person. very close to the clintons. so close she'd meet in secret c the fbi interviewed his wife. this whole thing stinks. and i think if they were going to try to establish a sense of decency, she would recuse herself and bring in an outsider of impeccable credentials. >> the same lady that hung out with bill on the tarmac before rendering an a decision? i think fbi special agents stood up for the law and stood up against the powerful justice department protecting her. last question, and i only have ten questions. how does this impact the election? >> well, it drowns hillary.

>> what's that? >> it drowns hillary. she is drowning. she is drowning as this stuff keeps coming in. >> if god forbid she got elected, this question is paralyzed. what happens? >> she gets indicted. exactly what happened to richard knicks who lasted 18 months after carrying 49 states. if she wins, we are in for are very long embattled presidency with criminal indictments. >> this country will be paralyzed. this would not be good for this country. it will be a constitutional crisis. thank you, sir. up next, more reaction to the shocking breaking news developments tonight. larry elder, and sheriff clark are here. they'll react to that and more. e and at progressive, we let you compare

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joining us with reaction, larry elder, david clark. the rank and file fbi guys clearly said they had enough. >> i'm proud of those guys. i said from the beginning in the first round of this before they decided not to charge her, i said the fbi at the higher levels had been corrupted.

>> comey too? >> including comey, but i made it clear. you heard me, i said not the agents. i always had faith in the agents to separate themselves from the politics. i find it refreshing. the thing that bothers me is the fbi has been compromised as the highest levels. it's scary. >> look at the justice department. they're feeding the campaign. >> they're still in the hand of people who have more authority than them. they have to get it out of the hands of the justice department. maybe a special prosecutor. this is a mess. i think the gig is up. i think that the fbi is in hot pursuit now, and -- >> you can't stop this train? >> you can't. >> if they try? i think the agents, they are going to keep doing what they're doing. >> put me down for this. this is going to lead back to the white house. i think when the president came out today and came out and said something about comey and the fbi and the election, i think

he's running scared as well. >> i agree with you. larry? >> well, hillary said -- >> larry has a cold. you all right? >> i'm okay. >> there were 17 agencies who concluded it was the russians. the russians hacked the dnc, colin powell, the cia director, but somehow there was no fly zone over her e-mail. i don't know why anybody is surprised that finally somebody is saying likely her server was hacked. >> 99%. >> and contrary to what bernie sanders says, this is not about your damn e-mails, this is about national security. i remember when the dick cheney was falsely accused of outing a cia agent. people said people could die. what do you think this is? and the next shoe to drop will be finding out how many people were compromised and probably killed because somebody was able to get this information and knew

to hurt americans and allies. >> in the time we have, impact to the election? >> i think it's going to have an impact on the election. i think sooner or later people will recognize it's not an e-mail scandal. it's a national security scandal. >> and it's also a pay to play. they enriched the hell out of themselves. >> voters are going to know going through the country that they can't put the country through this. i think with donald trump surging not just because of this but you at this on top of it, i think it bodes well for donald trump. >> good to see you. up next, we need your help. a very important question. constipated? trust number one doctor recommended dulcolax use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable relief of hard stools. dulcolax, designed for dependable relief lots of vitamins a&c,

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survive legally without going to jail? go to facebook.com/shawnhannity. that's all the time we have. we'll see you back here tomorrow night. five days to go. >> good evening. welcome back. i'm brit human. this is "on the record ". there's potentially dramatic new information about the fbi's investigation about hillary clinton. there are new battle ground state polls that show the race is tightening in places where both candidates are competing hard. let's first look at the state of the race nationally. the real clear politics poll shows clinton leading donald trump by 1.7 in a two way race. >> back in late july. we'll take a deeper look at those polls shortly. first