martha: what are we going to do the next five days? bill: be right here. martha: i'll be here the next five days. have a good day. new email troubles for hillary clinton as to both candidates head into the final sprint for the white house. welcome to "happening now." i'm jenna lee. jon: i'm jon scott. a state department whistle blower saying from the moment hillary clinton took charge of the secretary of state her team tried to sidestep security rules and never used approved phones or ipads. catherine herridge has the

exclusive story. reporter: there is new evidence that the f.b.i. investigation of the clinton foundation. f.b.i. agents are quietly work the klein on foundation case out of four separate offices. with multiple sources say the justice department has been tapping the brakes on these investigations by blocking access to investigative tools such as a grand jury. the arizona tarmac meet degrees between attorney general loretta lynch and bill clinton came one week before the f.b.i. interview, and that led the attorney general to take herself out of the decision-making process. >> this is a department of justice that has been politicized. this is crying out for an independent investigator. reporter: we learned that computers blornging to cheryl mills and heather samuelson were

not destroyed as part of any immunity deal in the mishandling of classified information probe by the f.b.i. they decided which were government work and deleting the rest. those computers we are told are in evidence and still available to clinton foundation investigators. the protocol is not to discuss ongoing investigations. but in a new interview the director ... >> hillary clinton had went in arena for 30 years, oftentimes gets knocked around and people say crazy stuff about her. when she makes an honest mistake it ends up being blown up as if it's just some crazy thing. reporter: but the president has a stake in the outcome.

the in communications with her on her private server the president used an alias. as for the whistle blower story, we are going to do that the next couple days. with so much breaking news on the foundation that's what we decided to focus on this morning. jon: you have your hands full this morning. jon: we'll look forward to that. jenna: the trump team chris crossing the country -- crisscrossing the country. john? reporter: donald trump wrapping up this morning, a day and a

half long snint sunshine state. this is the big prize among the battle grownlds states. the race exceedingly close in florida. also a tight race now in the state of colorado where a new university of denver poll has it even up at 39 apiece. and a wbur poll in new hampshire has donald trump up by a single point. so the polls are tightening a bit, but the problem for donald trump is he has zero moore gin for error. if he loses florida it's all over. that's why in addition to keeping the spot slight squarely on the various controversy swirling around the hillary clinton campaign. trump has to make sure he doesn't commit the unforced errors he has so many times in the past. it's a concept donald trump seems to have embraced based on

what he told the crowd in pensacola. >> we have to be nice and cool, nice and cool. stay on point, donald, stay on point. no sidetracks, donald, nice and easy. nice. i have been watching hillary the last few days. she is totally unhinged. we don't want any of that. reporter: jacksonville is a heavily military town. the air force used to be here. going to north carolina. the big military state. she'll talk about his plans to rebuild the military as well as reform the veterans affairs administration. but he will talk about all the controversy surrounding the clinton campaign including revelations that the f.b.i. is investigating the clinton foundation. here is conway from earlier this

morning. >> i think it's 100% chance all this scandal-abra is catching her in these blue states like colorado. tide at 39. this is a woman who i say can't get past 46%. in states president obama carried with well over 50% of the vote. reporter: donald trump's wife melania has a big speech in pennsylvania trying to ramp up support and enthusiasm among republican women. if you look at the daily tracking poll. donald trump leads among non-college educated women and hillary clinton leads among college educated women by 27. jon: we are getting a brand-new snapshot of the race for the

white house. hillary clinton holds a nail oh lead over done there are nationally. 45-42%. but that is within the margin of error. the latest "washington post"-abc news tracking poll shows a tight race, clinton edging trump 47-45 percent. we now know there are two investigations, f.b.i. investigations involving hillary clinton. one into the clinton foundation, the other into her private home brewed server if you will. is that what is making this race so tight? >> i think it's a major factor. there was always a sense that republicans would come home as we got closer to the election even those people not sold on

donald trump would decide to vote republican. it'it's dampened support. his supporters' enthusiasm for trump is higher than clinton's supporters enthusiasm for her. in the end, it's not just what the support is. it's who people actually go out and vote. we saw that in 2012 where the clinton team shocked the romney team because they were able to get more young people and minorities out to vote and the models the romney campaign set up. if that happens for trump, they could surprise clinton because more of their support has come out and few of clinton supporters did. jon: much of hillary clinton's advertising, claims she made

about the race is donald trump is too unstable to impulsive, i guess, to be trusted with the nation's nuclear code. now comes this information that five foreign governments apparently were successfully able to hack into the clinton email server and if you think about who those five foreign governments might be, it just suggests a recklessness with the nation's secret information that is really i think damaging to her campaign. reporter: absolutely. what kellyanne conway, the campaign a manager called the campaign the scandal-abra, i hadn't heard that before but i suspect it will be trending. carefulless with information, about the potential she could be the president-elect.

it's messy. it's not the way you want to go into the final days of a campaign. there is another point. these are historically unlikeable candidates in terms of their favorable numbers. unfavorable high ratings for both of them. and generally speaking, what we have seen john, when the focus is on one, they tend to go down. the focus is on hillary clinton in an extremely unflattering light and that's not good for them. jon: that's why donald trump is so determined to stay cool as he put it. that new survey out of colorado shows them tied at 39-39, that out of the university of denver which gave me my first job as a 15-year-old lawnmower. as was point out earlier, when

you factor in the independent, it leaves 13% of the electorate in colorado that hasn't made a decision yet. krireporter: i want to go back o one thing john roberts said in his report. they almost take you to 270. 18 states in the district of columbia have voted democratic six elections in a row. it leaves her just 28 short. the reliably republican states, 13 have voted republican, 102 electoral votes. he has to win all of those. then he has to win all of the swing states we talk about like florida and ohio and north carolina. he still isn't close to 270. he has to winner state and then

he has got to flip at least one of those reliably democratic states like a pennsylvania or wisconsin or michigan. it's the poker equivalent of drawing to an inside strait. he has no margin for error. she has more paths but there are a lot more paths opening up for him since last friday, and the beginning of scandal-abra than we thought there were. this race is up for grabs with 4 or 5 days left. jon: the woman who may have coined that phrase will be your guest sunday. >> we'll be talking to kellyanne conway in what maybe you have seen and i haven't, the new fox news election headquarters. it looks like the bridge of the starship enterprise. i can't wait to get out there and take a look at it.

jon: it's befitting a man much your stature. reporter: i'm not sure i'm captain kirk. maybe mr. spock. jon: voters across the country head to the polls to pick the next president of the united states. jenna: mr. spock was very distinguished. american journalist austin tice was kidnapped in syria in 2012 and he remains missing to this day. his mother joins us now in efforts to bring him home. >> we continue to be concerned about austin's well-being. looking for a medicare prescription drug plan

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>> across our government every day, we are work to find him. even though we don't have a lot of information, we'll continue to gain as much information as we can. we are going to continue to urge all sides to call on austin's captors to release him now. jenna: that was state department john kirby talk about an american journalist captured four years ago. tice is a marine and freelance journalist. he was work in syria when he was abducted by unknown captors. his parents never received any ransom demands. at this point they aren't sure

who has him. yesterday in washington a banner with his photo was hung across the front of a museum in his honor in washington, d.c. and will remain there until austin comes home. joining me now, austin's mother, debra tice. jenna: we pray for a day we can speak under different circumstances. until that day, all we want to do is help. when was the last time you heard from austin? >> the last time we heard from austin was just before he was taken captive. we had communication with him almost every day when he was in syria. august 13 was his last communication from syria. jenna: what was your understanding of his work? >> austin went to syria as a photo journalist to show people what it was like especially for

the most vulnerable -- children and the innocent non-participants in an urban warfare situation. then when he was writing the back story to one of his pictures, his editor asked him to start writing copy. jenna: austin served our nation as a marine. he wrote on his facebook page coming to syria is the greatest thing i have ever done and the greatest thing of my life. take us to that moment where you found pout he was kidnapped. what do you know about him and his condition? >> actually my husband, mark, austin's far it, found out before i did, because i was out in the boundary waters with no phone, no light, no motor car. when i came off the waters to

tell my husband what a great tript had been, he said i have something to tell you. and, you know, getting that news so unexpectedly, and then not ever imagining that it was going to be 1,543 days. jenna: have you heard anything from austin? do you know anything about where he is? >> we have not heard anything from austin. we had no contact from his captors aside from a proof of life video that was released six weeks after he went missing. since then we had no information from his cap towards or from austin. jenna: the state department has been on record saying they believe austin was detained by syrian authorities. it is an unknown. they are not weighing in with any more information on that. what can we do to help?

>> first of all, as his mother i feel:free to say it helps tremendously when people pray for austin, pray for his release, pray for us to continue to have the strength to work and wait for him to come home. secondly, continue to encourage and reminds our president of his obligation to bring austin home. and i just think the more people that know about austin and the more people that are praying for him and the more people advocating for him, the better it is for austin. jenna: oftentimes in the press, if someone is held hostage, there are moments we don't report as openly about them in fear we can hurt them. with the announcement of the

newseum banner, that's a change. why that change? >> that change -- that's not really a change. i'm not sure, you know, aside from the fact that mark and i are amateurs. we have had a really huge challenge raising awareness tore austin. but we have been working to raise awareness for over three years. and we had a campaign, petition online, we have done many interviews here sat fox and television, radio, print. i think it's just a really challenging environment these days to have your message received. to plant it in such a way that it's dispersed widely and received. jenna: that's why we wanted to talk about it to put more

attention on a story that really matters. we look forward to having you back. the president is speaking and you mentioned him. he has strong thoughts about the hostage policy which has been been foition your family. but we wanted to keep attention on austin. jon: want to take to you florida international university. president obama holding a rally for hillary clinton on the west side of miami. let's listen in. >> the reason i make this point because i think in 2008 they westerly predict if obama got elected gas would be $6. so sometimes it's useful to check the tape. see what they said before, it

turns out what they said was wrong, so what that means is what they are saying now is probably also wrong. anyway, i just wanted to do that little detour. but in addition -- that's right, thanks, obama. [cheers and applause] so, doubled our production on green energy and done more to battle climate changen at any time in our history. we are world leaders on that. we brought home more of our men and women in uniform. took out usama bin laden. our systematically rolling up isil in iraq. and by the way, back home we

made sure all 50 states people have the freedom to marry who they love. so there is a reason i have got gray hairs. because i have been busy. and most of all, across the 50 states what i have seen is the thing that makes america great. it's you. i have seen the american people, people of every party, every faith, every race, every region, people who know we are stronger together. young and old folks. men and women. black, white, latino, asian, native american. folks with disability. gaze, straight folks.

all of us pledging allegiance to the red, white and blue. that's the america i know. that's the america we love. and there is only one candidate in this race who has devoted her life to building up that america, and that's the next president of the united states of america hillary clinton. make no mistake, florida, all the progress we made goes out the window if we don't win this election. so we have to work our hearts out this week. we have got to work like our future depend on it because it actually depend on it. and especially for the young people out there. i know some of you this is your first election where you have

been paying attention. and you are looking at it saying this is nasty. you know, generally d.c. is not such a battleground. but down here it seems liquor ad is depressing. there is negative ads and noise and distractions. sometimes the temptation is to tune it out and you want to focus on the cubs winning the world series. even for a white sox fan, it's a pretty big deal. because the cubs have been waiting108 years -- waiting 108 years. the last time the cubs won,

thomas edison was alive and they hadn't invented sliced bread yet. this is for cubs fans the greatest thing since sliced bread. i want to congratulate the chicago cubs. jon: the president campaigning for hillary clinton. we just learned that the president, the first lady and chelsea and hillary clinton will be campaigning a pre-election rally monday night in philadelphia that gives you some indication of how much importance they are placing on the vote in philadelphia. donald trump says he thinks he can win it. and the transit strike that is afflicting philadelphia right now could have an impact on the vote. the transit workers who are on strike have offered to cancel their strike or postpone their strike for election day.

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jenna: both candidates will be in pennsylvania monday night. the trump campaign is hoping melania trump can connect with women in that state and motivate them to get out and vote.

rick leventhal joins us with more. rick? reporter: the line started forming at 7:00 this morning. we can tell you there is a few hundred people here already. this event scheduled to begin at 2:00 this afternoon. he has a clear path to the white house, but he can't win this state without women. that's why his wife melania is speaking for the first time. hoping to sway this incredibly important voter block in the days before the election. >> he made some controversial statement about women and hillary clinton won't stop talking about that because she recognizes that if trump does better with women voters that could possibly lead to her defeat. reporter: polls show the race has tightened considerably in

pennsylvania. the real clear politics average shows clinton with the 3-point lead. observers say the thus am isn't as strong for her as it was for president obama. and turnout is key. that turnout could be affected by the mass transit strike in the philadelphia area. that could make it tougher for people to get to the polls. mike pence's wife karen will introduce melania who will speak we are told for 35 minutes. we are told she'll speak from the heart about her husband. she is expected to touch on family, her marriage and the campaign experience. and the goal she has as first lady if her husband should win.

jon: a wbur poll out of new hampshire showing a razor thin race. donald trump 40%, hillary clinton 39 per are. in colorado the race is shown as tied at 39 per. joining us now kevin mcauliffe. ethan bareman is a radio talk show host and clinton supporters. kevin, we have been talking about the tightening race. the cook political report says hillary clinton still has 278 electoral votes locked up. 8 more than she would need to win the presidency. you can get a tight race all you want. but if she has the electoral votes pretty much in the can, what does that suggest.

>> that's based on her winning 22 states. donald trump it looks like he's winning 28 states with a bunch in the middle that could go either way. what you are seeing even started before the disclosure friday was that trump already started to correct a lot of missteps on the trail. and the obamacare premiums, coupled with the disclosures from last friday and the email problems that resurfaced. you have a perfect storm for him if he stays clear of the controversy. i think people have begun to say it's time for a different direction. jon: ethan, it's a tightening race. it means he's trending this way and maybe he's trending down. whichever the trends are going. >> as you clearly pointed out, with the polls the margin of error in pennsylvania is the key.

5 points from quinnipiac is beyond the margin of error. the suburban women in places like bucks county are totally turned away from donald trump. "the washington post" point out mitt romney won college educated women by 6% and trump is losing them by 24%. plus there is a new scandal brewing that wire magazine released about how much trump is spend on himself from the fec disclosures. >> the thing about polls, they are not goal posts, they are snapshots. the question for me in my analysis is which direction is the momentum going. florida and ohio have been trending for trump for three weeks. if you look at the on theground support.

rick leventhal's report said people started lining up at 7:00 a.m. the event isn't until 2:00. she has hundreds of people standing in line to see melania trump. i disagree with ethan that he has to win college educated women. if he wins workers in pennsylvania and iowa, hillary will have an early night. jon: we tend to slice the electorate up and he might be doing well or she might be doing well with college educated women. but the blue collar voters that traditionally voted democratic where trump is doing well. >> there is no question he has done a great job with that simple message of make america great again it's wonderful she is giving the speech. interesting that donald trump surprised that on her in the interview on abc where he

displays his misogyny. she is an object for him to use in his campaign. which is why women have fled from him the way they have. we can make a point of college educated women turning away from donald trump. 62 percent of people even flowing college are women. >> those are nice talk points, but i don't know they hold until next tuesday. what you have seen is an he pollution the trump ethos. anyone who has spent time with the trumps don't beach there melania is a wilting wallflower. the truth is he's on message with obamacare increases right now. he's on message with the lack of ability to trust hillary clinton

operation. 3,500 bureaucrats will be holding positions in state department and military and other places. national security is important. these times of things gathered the attention of the nation. >> national security is important. what do we know about donald trump and national security? he's palling up with vladimir putin. donald trump says make america great again. for what? he's instability. hillary clinton is stability. that's what you will be voting on next tuesday. jenna: as donald trump does battle for every vote which is five days to go, we'll talk to a history professor. who he thinks will become our next president and why. next.

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liberty stands with you™. liberty mutual insurance. >> this a year in which the white house party the democrats should lose. but i also noted in that "washington post" piece that it hedge my prediction for the first time in more than 30 years staying in donald trump we might have a history-shattering candidate who could change patterns that have held since 1860 in this country and have enabled me to directly predict every election since 1984. jenna: that was american university professor allen litman. he has correctly predicted every

president since 1984. professor, great for you to join us again. where do you stands today? >> well, you know, my keys have not changed, but they have become a little bit weaker. if six of my 13 keys go against the incumbent white house party they are predicted losers. but the third party key that goes against the white house party is a little bit shaky as gary johnson seems to be fading. and i have not reneged on my qualification that donald trump is such a precedent-shattering candidate that he could snatch defeat from the jaws of victory. fit was john kasich or marco rubio i would have no problem. jenna: how many times have you offered such qualifications in the past?

>> never in 30 years, since before you were born. jenna: i would say that's the case, but it's not. what do you think will be the determining factor in all of this? >> as i said, donald trump is an out of the box candidate. we have never seen a candidate before with no record of public service, a record of enriching himself often at the expense of others with bankruptcies and the trump university. we have never seen a candidate who before the election said it was rigged and and threatened the tradition of a peaceful transfer of power. three or four women came out and accused him of sexual harassments. but trump soldiers on. i have never seen an election this unusual.

jenna: that's not on your 12 points. >> i have to revise my key. but in the end, this is such a fascinating election because you have two contrary forces. the force of history which says this should be a change election. and the force of trump that says a majority of american people are worried he's not fit for office. that's why this is such a puzzling election. in the end it may come down because of those contending parallel forces who can turn out their vote is better. jenna: it sounds like you are not a huge donald trump fan. i'm curious if you looked at your 12 points, what it's taken for you to say i actually think this guy is going to win based on the formula i myself created. >> i'm totally objective when it comes to my formula. in 9 elections i predicted five democrats and four republicans.

and i never hedged before, even when i have picked republicans to win. but donald trump unique. and i don't think i'm the only one who has made that case. jenna: we are going to have a special story for our viewers. i want you to tell us about one of the other points we are look at. we haven't talked about the third party candidates a lot. but what is the effect that you see that gary johnson can play in this race? >> typically third party candidates are poison for the white house party. look what ross perot did to george h.w. bush in 1992. for a while gary johnson was riding high. he was polling 13% to 14%. but the libertarian party made a huge mistake and that's why the

libertarian party is fading. they picked the wrong guy. gary johnson is a loon. they should have put william weld at the top of the ticket. you have five days before voting day. i know there is early voting. could you change your prediction in the next five days or is it pretty much set? >> i am not going to change my prediction. i'm not like some of these republican congressmen going to flip and flop. jenna: i hope you will joins after election day. do i have your promise on that? >> you have my promise. jenna: it fascinates me. i can't wait to see what's going to happen. >> don't -- don't skewer me if

i'm wrong. jon: we are about to elect a new commander-in-chief and it's been a deadly day for u.s. troops in afghanistan. details on what happened.

jon: let's check out what's coming up on "outnumbered." harris: i'm sitting next to one of the happiest people on the planet. go cubs. we are awaiting two rallies. donald trump in florida and ted cruz will be campaigning for his one-time bitter rival for the first time. does this show republicans can

come home to trump? sandra: the clinton foundation pay-to-play scandal sending new shock waves through the race. harris: who has a harder time respecting the opposition supporters. trump voters or hillary clinton supporters. sandra: brian kilmeade from fox and friends joins us next hour. jon: and some world series highlights. general report u.s. border patrol tements us they are seeing a surge of illegal immigrants crossing our border before election day. >> our presidential race is literally having immigrants from around the world race together u.s. mexican border. both clinton and trump, their immigration policies are

providing the cartel a powerful narrative, get or this fence while you still can. from dough min cans animations in arizona. hung have you been here. 30 days. reporter: americans aren't the only ones motivated by this election. reporter: people think if one candidate wins a giant wall will be built and they can get never get through. another faction believes if another candidate wins they will get amnesty if they are here by a certain date. >> a how arrested each night in texas alone. despite ads telling central americans to stay home. >> if you get here you are likely to be turned back. reporter: instead of sending home illegal immigrants, the administration provides them a court date.

>> once they get the papers saying they can pass through our checkpoints. we'll never see them again. it's no secret south of the border. these are the haitians lined up in mexico waiting to enter the u.s. the surge is taking agents off the front lines. >> that does take time for border patrol agents to address what is a humanitarian issue. reporter: the border patrol apprehended 120,000 central americans, higher than the surge in 2014. 5,000 haitians. but the problem is experts say they don't see it as an end to violence and poverty in those countries. our immigration policies, they don't see it ending anytime soon. back to you. jenna: we'll be right back.

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♪ >> it is national sandwich day. i would put this out on twitter. some places folks can get a good sand witch. sit back to watch "outnumbered." see you back here in a hour. >> "outnumbered" the starts right now. harris: we begin with a fox news alert. we're waiting for two rallies to begin as presidential candidates hit key swing states in the final five days of the campaign. new polling shows the race is squeaky tight. the crowd awaits donald trump's rally in florida and at same time mr. trump's former rival ted cruz is hitting the trail with vice-presidential candidate mike pence. that is in iowa. we'll have it for you. this is "outnumbered." here today, sandra smith. democratic strategist julie roginsky, fuchs news legal analyst and host of "justice with judge jeanine," i get excited, the judge is here. sandra: i hope she gets that