- period. protein shots from 5-hour energy. great taste. 100 calories. 21 grams of protein. i'm bret baier in washington. this is a fox news alert. new details on hillary clinton's use of a private e-mail server to transmit information, e-mails. many of the classified, possibly accessible to foreign governments. the allegations of the use of the family's charitable foundation as a pay for play enter enterprise. this happens as the electoral map shifts in favor of donald trump. our new 2016 score card still has clinton in the lead. but the trump momentum has moved ohio to lean republican and new hampshire from lean democrat to tossup. missouri and indiana go from lean republican to solid

republican. we will take you to the campaign trail shortly. first, the investigations. they have the federal government's two main law ens forment agencies, the fbi and the justice department, essentially at each other's throats. good evening. >> reporter: "the wall street journal" reports a secret audio recording with an informant let to a battle between the fbi and the justice department. we are learning about the frustration of fbi agents and why the case is not dead. revelations from wikileaks of special access for clinton foundation donors are strengthening pay to play allegations. the renewed classified e-mail case and clinton foundation with agents working the investigation. arguments over the strength of the evidence drove a went between the fbi agents and

justice department that blocked access to tools such as the grand jury. the issue came to a head last summer after the fbi director announced he would not recommend criminal charges for the mishandling of classified information. >> at that time i'm hearing from my -- the agents that they were -- the morale went down pretty bad. a lot of people put a lot of hard work into that. >> reporter: during his testimony after the announcement, comey was non-committal about the foundation probe which was ongoing. >> did you look at the clinton foundation? >> i'm not going to comment on the existence or non-existence of any other investigation. >> reporter: the conflict escalated this summer when deputy fbi director andrew mckab met with justice department officials that were dismayed the justice work continued. there were conflicting accounts. former agent say they are troubled by his wife's state senate race in 2015. she was recruited by a longtime clinton ally, receiving money

from the democratic party and the pac. the fbi denied a conflict because the campaign funds were received before he had direct oversight for the e-mail case. former agents say it's another example of senior leadership getting a pass. >> they feel it was inappropriate. they feel that if it was them, they would be suspended right now. and that they actually said they would never have thought of themselves actually getting involved in those investigations because of the conflict of interest. >> reporter: two sources emphasize the president's e-mail with clinton cast a shadow over investigation, along with mr. obama's repeated comments that there's no there there. >> the president of the united states is communicating with her under a pseudonym. they're not stupid. they can figure that out as well. this is a huge story. it's far bigger than the accusations against donald trump. this goes to the heart of fitness of character to serve as

commander in chief. >> reporter: today state department officials released 350 delete ed e-mails that were recovered by the fbi and provided to the state department. these e-mails are near duplicates of what's been provided. >> thank you. james rosen has been working his sources as well on this story. he joins me now. james, good evening. >> reporter: good evening. much of what we have heard but a lot of it is confirming. for example, there are really two parallel cases the fbi has been investigating. one is the clinton e-mail case. the other is the clinton foundation case. agents are hard at work on both right now. the foundation case as opposed to the e-mail case is seen by the field agents at the fbi -- my source is well placed inside the fbi. it's seen as the stronger of the two in part because of the way the e-mail case has been conducted.

the field agents, for example, cannot believe that director comey authorized the provision of immunity to two of hillary clinton's lawyers, heather samuelson who reviewed the e-mails and cheryl mills who was the chief of staff when normal procedure would be to immunize one of them and pressure that individual to deliver the other. on the e-mail case, this source i asked is there anyone at the fbi who believes secretary clip t clinton's server was hacked? no. it doesn't take a rocket scientist to figure that out. >> they're digging into it? >> reporter: they believe five to seven individuals or hostile actors might have breached that server. >> the split, we heard about and i talked about, real? >> reporter: yes. the field agents are very disappointed that more hasn't been done on both cases. particularly in the case of the foundation investigation. the field agents believe they

have the goods for a case. it's the higher ups, the career prosecutor who tend to be more cautious and are behaving that way. >> thank you. we will follow it. there are new challenges to hillary clinton's sworn statement that she turned over all her work-related e-mails when ordered to. it's the latest leaked information from clinton's tormenters at wikileaks. ed henry has that part of the story tonight. >> reporter: several new e-mails suggest some of hillary clinton's top aides and even her lawyer knew she did not turn over all of her work-related correspondence despite this promise. >> i responded right away and provided all my e-mails that could possibly be work-related. which total roughly 55,000 printed pages, even though i knew that the state department already had the vast majority of them. >> reporter: six days before that vow, clinton aide wrote

that cheryl mills was close to a deal to release though work e-mails. when jim margolis chimed in --. the adviser pressed on how they decided which were personal and dele deleted? . a critical question because the same day march 4, republican trey gowdy issued a subpoena for clinton to preserve e-mail. many were all on the state department payroll and should have had official e maims. plus both mills and abedin were paid by the clinton foundation while at the state department. their e-mail could be important to the investigation. at her 2015 news conference, clinton did not specify if foundation e-mails fell under personal.

>> e-mails about planning chelsea's wedding or my mother's funeral arrangements, condolence notes to friends as well as yoga routines. >> reporter: after another damaging "new york times" story about what was personal, they wrote -- when someone suggested they set up a call to discuss palmeri who has been quotquoted. then dav kendall writing, we know there were other e-mails using the clinton e-mail dotcom.

hillary clinton was dealing with a public records lawsuit. she swore under the penalty of perjury that aum of her work-related e-mails were provided to the state department. >> ed, thank you. the nominees and their surrogates are sprinting toward the finish line in an evolving picture of the electorate. the major focus today for the nominees, north carolina. we have fox team coverage tonight. jennifer griffin is in raleigh as hillary clinton and bernie sanders prepare for a joint appearance. we start off with chief political correspondent carl cameron in north carolina where donald trump will hold a rally at the top of the hour. >> reporter: donald trump knows that he is in striking distance. and he knows he needs to come from behind in the next five days if he is going to win. in jacksonville, florida, his must-win state, trump had his own take on fox news reporting that federal investigators have for a year been looking into potential pay to play corruption.

>> in other words, the fbi is investigating how hillary clinton put the office of secretary of state up for sale in violation of federal law. >> reporter: trump accuses the justice department of under mining comey and obstructing investigators. >> unfair to the fbi. they're out there doing their job. and they're being road blocked. >> reporter: trump launched another attack ad. >> hillary clinton is under fbi investigation after her e-mails were found on anthony wiener's laptop. >> reporter: his international business empire could create potential conflicts of ministra. according to the wall street journal. trump argues handling it over to his kids eliminates conflict. >> november 8. >> reporter: trump held a rally in north carolina, critical to his success. the latest real clear politics average of polls in the state shows an exact tie in a state romney won four years ago but

where democratic early votes exceed those of republicans. making a final push appeal to suburban women in pennsylvania where trump warned about voter fraud, melania, after limiting her appearances stepped into the spotlight to discuss her priorities. >> we need to teach our youth american values. kindness, honesty, respect, compassion, charity, understanding, cooperation. i do worry about all of of our children. >> reporter: trump has disciplined for more than a week now. even counseled himself not to blow the final sprint. >> we have to be nice and cool, nice and cool. stay on point, donald. stay on point. i have been watching hillary the last few days. she's totally unhinged. >> reporter: tomorrow and through the weekend, trump plans to visit 11 swing states. some of which obama won four years ago.

at same time, the republican national committee will deploy over 1 owe,000 volunteers to knock on mosh 4 million doors and make millions of phone calls. >> carl, thanks. the clinton campaign is targeting hispanics and african mens in the last days before election day. jennifer griffin is with the clinton team in raleigh, north carolina. good evening. >> reporter: good evening. tim kaine just finished giving a speech entirely in spanish in arizona just moments ago. a new nbc wall street journal poll shows that in another typically red state, georgia, that donald trump is leading hillary clinton by just one point. democrats think they could take georgia, except that there are 800,000 african-american voters who are eligible but not registered. facing weak turnout numbers among african-american voters in key swing states, hillary clinton took her message to

north carolina. >> donald trump was endorsed by the official newspaper of the ku klux klan. do any of us have a place in trump's america? it's not just about communities of color. that is not who america is. >> reporter: a new poll shows clinton leading trump in north carolina by three points. up by one point in florida. but other polls show a tightening or dead heat. a number of polls show trump winning florida. in a message targeting african-american voters, president obama hit the campaign trail in florida. >> if you accept the support of klan sympathizers before you are in office, you will accept their support while in office. >> reporter: the campaign announced today that the president and michelle obama will join all three clintons, bill, chelsea and hillary at a rally in philadelphia on monday, night before the polls close. >> you don't see him hanging out with working people.

unless they're cleaning his room. or mowing the fairways on his golf course. you are going to make this guy your champion if you are a working person? come on. >> reporter: today's stop fol w followed a swing out west. >> you have my support. >> reporter: a barber shop in nevada. in arizona hoping to build back enthusiasm, clip tnton tried to appeal to latino voters who are turning out in texas and arizona. >> imagine, it's donald trump standing in front of the capi l capitol. imagine he is taking the oath of office. imagine having a president who demeans women, mocks the disabled, insults latinos, african-americans. >> reporter: clinton communication director told reporters today that hillary clinton will not talk about the

fbi probe before election day. she said they are not seeing that voters are concernsed abed this. they say it's motivating their base. >> kwthank you. in a campaign dominated by scandal and personal attacks, it's sometimes easy to forget there are actual issues to be considered when voting. you have told us that education is in your top three. our series issues that matter continues tonight with a look at where the nominees stand on how and what to teach your children. >> i'm their parent. my job is to protect them and nurture them. so when you are talking about give your kids away for six to eight hours a day, that's a long time. >> you follow the arrows. >> reporter: these two are raising three school age kids. education is a regular topic of conversation.

>> what about this one? >> reporter: they chose to avoid the public schools thomas grew up attending and opted for private schools and home schooling similar to how gena was raised. >> i feel the public schools are for most part not up to par. it's a broken system. that's why we choose not to take part in it. >> reporter: like these two, hillary clinton and donald trump think the u.s. school system should be better, especially one that spends more money per student than any other country in the world. >> we have third world countries that are ahead of us. countries that you wouldn't believe. some countries that you have hardly heard of. >> reporter: there are difference knew how each candidate plans to make it better. >> finland or singapore standing tall in the international ranki rankings. when you look behind the numbers, what you find is this. teachers are treated with respect. >> reporter: clinton's plan largely focuses on teacher

quality by elevating the profession and raisining pay. >> every child in this country deserves a good teach eer in a good school regardless of the zip code you live in. >> reporter: trump wants to raise teacher pay but not across the board. >> so that we reward our best teachers instead of the failed tenure system that rewards bad teachers and punishes the good ones. >> reporter: trump's education plan revolves around school choice. >> that means parents will be able to send their kids to the desired public, private or even religious school of their choice. competition. competition. >> reporter: which is also his strategy to assist students living in poverty. >> their parents will choose the finest school. they will attend that school. >> there's to republican or democrat to teach a kid to read,

write or count. >> reporter: they believe making quality education accessible to all will be a big challenge. >> we have to inspire people to want to learn. for those kids in poverty, half the school age population in america, many of them don't see the value of education. >> reporter: he said their job is to figure out a way continue to spire those students most in need. clinton thinks preschool and doubling access to the head start program will help. >> i want to end the so-called school to prison pipeline. start with early childhood education. >> reporter: while trump is yet to address preschool, he has said he would make day care tax deductible for families. who are also looking into college for eden. they say costs will be a deciding factor. >> a lot of kids graduate and they can't get a job. they have an amount of debt. >> reporter: both agree. >> the students are choking on

those loans. they can't pay them back. before they start, they are in trouble. >> reporter: trump says the federal government shouldn't profit on student loans. he is calling for a tax breaks for schools who reduce costs. as for clinton -- >> if your family makes less than $125,000 a year, you will not pay tuition at public colleges and universities. if you make more than that, you can go to college debt free. pay what you can. >> reporter: would either candidate's education stance impact how they will vote? >> one of them better reflects what we would desire as parents for education for our kids. >> i don't think that they will make enough of a difference whoever is in office. education kind of takes a back seat. >> reporter: there's one issue that comes up. a promise to end common core. how he will do that is unclear, because the program is a don'ted

by and funded by the states. it's something hillary clinton at one time supported. she's for national education standards. she considers the common core rollout a fail injure. >> thank you. tomorrow night, your number two issue, terrorism. we will have our issues that matter report tomorrow. up next, a call to arms by the leader of isis. we will talk you to the front line in the battle to retake mosul. part two of our series looking at the state of the u.s. military. how we fight.

two us service members

killed and four others wounded during fighting in norther afghanist afghanistan. those killed were said to be part of a train, advice and assist mission with afghan. the leader of the isis terror group is urging his group to keep up the fight. senior foreign affairs correspondent greg pelkot reports from the war zone. >> reporter: fighting around mosul intensified today. iraqi federal police clashing with isis militants. heavy street battles were being waged by iraqi forces. as for the first time in nearly a year, the terrorist leader al baghdadi was heard in an audio

message. >> translator: hold your ground with honor is a thousand times easy are than retreating in shame. as god says in the holy book, keep fighting, do not retreat. >> reporter: many refugees are retreating from the fighting amid reports that isis is gathering more civilians as human shields. >> these people have fled a village which had been ruled by isis for last couple of years. they are here at a refugee camp just outside of the city. he is a monster. camps are beginning to fill up with displayed and the tales of terror. >> translator: they shared my head and beat me 95 times. >> reporter: despite how ugly the enemy and the fight is becoming, the u.s. military is still resisting for now any american boots on the ground inside mosul city limits.

>> as far as u.s. forces or coalition forces going into mosul, we're executing the iraqi plan and the iraqi plan is that the only ones going in there right now are iraqi forces. >> reporter: an official with the iraqi special forces told fox news that they have been inside of mosul waging that tough urban warfare for two days now. most here expect it to get tougher. for many days to come. >> greg, thank you. now we continue our special series on american military. in tonight's how we fight report, we look at the significant changes the armed forces have made with regard to who gets to fight. changes designed to keep up with the times. some welcome these developments. while others fear political correctness is getting in the way of what they see as the military's primary purpose, defeating enemies on the battlefield. it's an historic moment in san francisco.

>> it is my privilege to name the usns. >> reporter: harvey milk was a gay rights activist. this ceremony is part of of a new policy to name warships after civil rights leaders. >> there are critics out there who say that tipping a hat to political correctness. >> any time do you anything, you are going to get criticism. >> reporter: the navy secretary has named ships after civil rights leaders. such as cesar chavez. >> it's important as the ships go around the world, people understand who these folks were and what our values are. >> it's a break from tradition. i think we have a lot of war heros. i think you can walk over arlington and just randomly pick a name and that would be an appropriate name for the

warship. >> reporte >> the naming of a ship is symbolic. he brought about controversy with changes that go beyond symbolism. perhaps the biggest change in the navy and the military in general is the greater integration of women and transgender people into our fighting forces. >> when we opened every combat specialty to women, we became stronger. when we ended the ban on transgender service, we became stronger. [ applause ] >> this new military has the support of many civil rights advocates. this woman is a prominent san francisco drag queen by night, activist by day. >> the military has come a long way in a short time. if people are not living authentic lives, living a secret life, how can they be a full

part of the team? >> this man is a scholar who helped the pentagon devise the new policy. >> having a ban in place that prevents people to be honest about who they are gets in the way of military readiness. >> this retired general believes it may not be that simple. >> right now, if you are being medicated -- until it's temporary -- you will get a discharge. some transgenders need life long hormonal issues. >> gender disfysphoria is distr they may feel. not all transgender people suffer from this. >> does it make us more lethal? i clearly would argue it doesn't make us more lethal. >> the argument is if they make the standards, and they want to serve the country, why wouldn't transgenders -- >> there are a lot of ways to serve the country. the military is a different

organization in the sense of what it does. at the end of the day, it fights. >> a more diverse force is a stronger force. >> i live in silicon valley. the most dynamic companies are inclusive and diverse. but lightening strikes of great ideas are not the metric of success of a military unit. unit cohesion and battlefield lethality are the measure of success. the rules that apply in other circumstances don't necessarily apply in the military. >> the number of transgenders in the military, however, is dwarfed by the number of women. thus, the average to integrate women into active combat specialties is likely to have an even great area fekt. >> marines are the only ones that have a separate boot camp. they are moving toward more and more integration. >> when this was proposed, the marine corps decided to do a study. >> the marines released that study last year.

it found that combat units integrated with female marines typically did not move as quickly or shoot as accurately. women also were more than twice as likely to sufficient every injuries as a result of carrying heavy combat loads. navy secretary rejected its findings. >> the problem with that study was that it measured units and it measures averages. not individuals. marines have never been about average. look at individuals. can that individual make it? then if you are man or woman, you are black or white or brown, doesn't matter. >> the marines give the navy secretary faulty data? >> the marine hired the best sports medicine and physiological department in any university in the country to study. it came up with women generally speaking are not as strong as men. it was rejected. >> you have some folks that think any change is going to be

bad. you look back when we integrated in the '40s. you had people saying, this is going to be terrible. this is going to ruin the marines or whatever. it never happened. >> i think that desegregation example is an inaccurate one. nobody doubted that black soldiers could fight as well as white soldiers. you didn't have this thorny problem of sexual attraction. then there's the average woman would have a difficult time meeting the demands of an average man in combat. it is reducing battlefield lethality. >> they say, general, you are part of the old school. just resistant to change. >> the people that are driving this have no clue what combat is about. they have no idea. >> it's doing harm in your eyes? >> these are phenomenally good young men and women. we turn them into marines. we love them.

at the end of the day, we put them in body bags. we bury them. we don't have any other agenda than to fight our nation's battles and to win. with the absolute minimum casualties. we know more about this than they do. >> one of the things that i've got to be certain to do is be non-political in this job. i represent the united states navy and ma rerine corps. i will do the job that the country requires. >> on tomorrow's how we fight, we look at changes at the front. specifically the rules of engagement. do they work? in the current war on terror. a constitutional crisis in great britain over its decision to leave the european union. the nation's high court has ruled the prime minister cannot begin the process for the so-called brexit without parliament teary approval. the ruling comes in a lawsuit challenging prime anyone ster theresa may's plans to launch two years of exit negotiations by the end of march. the government appealed to the

country's supreme court with a hearing set for next month. britain voted by a 52-48 margin to leave the eu. stocks were off again today. the dow lost 29. the s&p 500 was down 9. the nasdaq dropped 47. five more long days until election day. we continue to get new information on the clinton investigation. more revelations from wikileaks. we will talk about all of that with the panel after a quick break. this is more than just a credit card. it's how adventure begins. and with the miles you can earn, it's always taking you closer to your next unforgettable experience. become a cardmember and start enjoying benefits built to take you further... like group 1 boarding... and no foreign transaction fees. plus, when you fly on american airlines, your first checked bag fee is waived for you and up to four companions.

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high ranking government official has been caught selling her public office, threatening national security and engaging in a massive criminal coverup. she's likely to be under investigation for many, many years. also likely to conclude in a criminal trial.

this is not what we need in this country, folks. >> do we want this man appointing judges? do we want him controlling the justice department? people would are voting for him, that's what they would get. >> hillary clinton and donald trump opn the trail today. we get the information about the investigations moving forward about the clinton investigation and the e-mail investigation. we are getting wikileaks every day by the thousands. here is one.

here is what i asked her in march of last year. >> what we turned over were more than 30,000 e-mails that i assumed were already in the government system. because they were sent to state.gov addressed. >> there were some that were just recently discovered and turned over. >> that was in the state department, not me. i turned over everything. >> let's bring in our panel. judge andrew nopalitano. susan page. and charles hurt.

judge, first about all that we have learned and kind of put it in context. >> we have learned that the fbi made a mistake when it terminated the investigation on july 5 on the basis of what it then knew. the stated reason by director -- fbi director comey was no prosecutor would take the case. we have learned that no grand jury was hearing evidence or observing testimony. and we have learned that fbi agents felt they couldn't conduct an investigation as broadly as they want. we know that because investigation was reopened last week because of more material that came into their hands. some by a variety of sources. some from other cases like the an none i wiener case. some from cases that "the wall street journal" talked about of surveillance tapes, which tipped off the e-mail. we also know that mrs. clinton was not true to you, was not being honest to you and not

being honest to the public when she said that everything has been returned. we know that her own advisors speculated she was not being honest about saying everything that was returned. finally, we know with near certainty -- not absolute certainty, but near certainty that foreign intelligent agents hacked her e-mails. those agents of foreign governments that wish us weapon like israel and those agents of foreign governments that wish us ill like russia, china and iran. >> i think they're in the process of digging in with the cyber team to try to find those fingerprints. they are tough to do. the other thing we're learning is the split within not only the fbi and doj but within the fbi about the two track investigations, the e-mail and investigation. >> we do. we hear reports like your report talking to fbi sources affiliated with the fbi or knowledge -- >> and inside. >> saying that they want to pursue investigations. they feel there's ground to

pursue. they're eager to do it. we hear from other sources reported by abc and nbc that there are people in the fbi who do the not feel these are leads that are substantial and worth pursuing in an agrease receigre. what's extraordinary is this is going on in public. we have sources on both sides talking to reporters. >> how does it sink in? >> i think it reinforces for so many voters, the concerns they have about hillary clinton. not helpful for her, whatever the facts are within the fbi. it must be alarming to some within the fbi that to have this be so public. of course, these kinds of debates go on routinely when there are investigations under way. they're usually go on in private sglt split we are talking about, some of it is an anger about the investigations and where they have gone or not gone. >> the pressure that director comey was under between the time that he made the announcement in

july and when he announced that he was going to reopen. stepping back, it's really hard to overstate how extraordinary this situation is. you have someone running for president who -- by a lot of polls looks like she's going to win or is at least ahead in the polls right now. by a small margin. who is go going in under criminal investigation by the federal government that she's going to take control over. you already have talk, conversations about impeachment proceedings. you have questions about if she is elected, does president obama then pardon her before she becomes president? does she pardon herself? it's truly an extraordinary situation. >> some of that has -- obviously, republicans jumping on that in an effort to stoke the political flame. here is vice-presidential nominee tim kaine on all of this

today. >> people are throwing impeachment around before the election is even taking place. >> judge? >> in fairness to senator kaine, there are republicans who say we have enough investigations, assuming mrs. clinton wins, to last a couple of years. on the other hand, the talk of impeachment in my view is grossly premature and highly irregular. the congress is not going to invalidate the popular will should she get elected because of something she allegely did before she was in office. she could pardon herself. there would be great political

fallout to either of those pardons. that would insulate her from political consequences. there was a supreme court opinion that did not exist when her husband was being pursued. that opinion, which involves him on civil side, clinton versus jones, says pretty clearly the president is immunized from the consequences of criminal prosecution while president. that would prevent her from having to defend herself while she's in the white house should the fbi and the justice department she would control decide to move against her. >> on the flip side, democrats -- pointing to this wall street journal piece about problems for donald trump. and his foreign business entanglements. are those whom ivanka and eric have worked with are the family of a developer of india.

he says he hands the whole thing over to the kids. that takes him out of of it. >> whoever gets elects, it's a complicated couple years. of course, it wasn't in "the wall street journal" story, there weren't allegations of criminal -- >> entanglements. >> how complicated is this going to be? a president could turn holdings over to a blind trust. that's not what donald trump says he would do. he would turn it over to his kids, which does not provide the degree of insulation we are accustom with presidents. >> we are talking about investigations. we are talking about charges. we are talking about a campaign that has devolved into attacks. there's not a lot of optimism about getting things done. >> on both sides, the -- it's all about what's wrong with the other candidate right now.

of course, there are -- it's goinmatter what happens. i think that's one of the things that's helping the clinton campaign is this stuff is so complex that it's hard for us to understand it. we're doing this for a living. for fem wipeople with real jobs really don't understand it. >> he will break down the electoral map and set the table for tuesday with the panel after the break.

he's down here campaigning for crooked hillary. why isn't he back in the white house bringing our jobs back? >> he's got support here in florida. he has some support around

the country. no, he does. if he didn't, then i wouldn't have to go around getting everybody to vote. >> i'm ready to grab that baton. he's going to have to bend down for me to be able to reach it because, you know, he is a tall man, but i have been practicing. >> hillary clinton, president obama, and donald trump on the trail today. here is where they were. donald trump was in jacksonville, florida. con concord, north carolina, selma, north carolina. mike pence had a stop in iowa, michigan, and pennsylvania, melania trump with a speech today in pennsylvania. you'll hear a little bit of that in a minute. hillary clinton's campaign in north carolina two stops, arizona for tim kaine. miami, florida, and jacksonville florida for the president. las vegas, nevada for bill clinton, wisconsin for chelsea clinton and bernie sanders is in ohio and north carolina with hillary clinton. take a look at our electoral score card now and it has

shifted a bit new hampshire to lean dramp to toss-up. ohio toss-up to lean republican. missouri to babying republican to solid republican. as you take a look at the average polls in new hampshire now you have hillary clinton up .8. that has shifted pretty much -- well, a lot in recent days. the average of recent polls. and in north carolina it is tied. 46.4 to 46.4 in the average of polls. just a sampling there. there are many others. we will bring back our panel. susan, right now, it is tighter but it still seems that hillary clinton has the better path to those states that she needs. >> it is significantly tighter. if we were talking a week before before the comey announcement, before the comey letter, it looked like we were talking about the senate's gone, could the house even be in play. that's not where we are now. we have hillary clinton with an easier path. you know, a more solid blue path. but, she, as you say,

structurally she has still got the advantage. it would still be running the table for donald trump to get to 270 electoral votes, which is not to say it would be impossible. think how much change we've seen in the past week but still difficult. >> judge? >> i agree very much with what susan said, particularly in light of hillary's ground game, which is extraordinary and donald trump's ground game, that is the human beings on the ground who get you to the polls when they have a fairly confident idea that you're going to vote for hillary. donald trump's ground game is minuscule compared to hers. and there are even some states where has very little communication and contact and cooperation with the local republican organization. right now obviously tighter than a week ago. let me say had the comey letter come earlier in the month, this is worth talking about, i think. because we have reason to believe that he and senior fbi officials knew about this long before last

friday. if that letter had come earlier in the month, i think mrs. clinton would be down and donald trump would have a clear path. but i don't think there was enough time for the negative effect from that to process itself in large numbers of voters. >> interesting. momentum vs. ground game. >> you know, i mean, from the beginning, donald trump has run his campaign, it's a very national big picture sort of campaign, he did it through the primaries and it's served him pretty well. remarkably well. considering the fact that he has never had much of a ground game or seems to care much about how people have done this before him. but, normally, i would say that, you know, obviously, the ground game cost mitt romney the election in 2012 arguably. but, that said, you know, this juggernaut that trump has obviously tapped into something and maybe that is enough this year to overcome that. what about the messaging on the trail and what

hillary clinton is closing with and what donald trump is closing with. >> hillary clinton is not closing with what she intended to close with she intended to close with a apostolic message to say here is a message to come out and vote for me. stand together, strong together. >> instead she is closing with the argument she has had so far is donald trump is unfit for the presidency. and that, by the way, is also his closing argument as you saw in the tough ad he has today that talks about anthony weiner. >> so. >> it's the unfit close. >> unsatisfactorying. unsatisfactorying unsatisfactorying for people unsatisfactorying for people who have made up their minds, unsass phiing for people who have not yet made up their minds that the closing argument is not here so i can bring people together but here is how bad the other side is. >> that is it for the panel. thank you. finally, did you see that world series? game 7? wow. heart warming world series celebration when we come back.

finally tonight, wow. game seven. amazing. i mean, really amazing. 108 years later the chicago cubs won a world series again. congratulations to cubs and cubs fans. congrats to the indians for amazing season as well. but for one cub's fan a celebration 81 years in the making. twitter user posted a video

of her grandpa watching the cubs win the world series for the first time in 108 years. >> there it is. >> he did it. he did it. they did it. clapping. [ laughter ] oh, god. i can't believe it. i can't believe it. >> he did it. [ laughter ] >> they really did. >> somethin' tells me has been to a few games. oh, that's great. thanks for inviting us into your home tonight. that is it for "special report," fair, balanced and unafraid. "on the record" with brit hume starts right >> the final count down. it is friday november 4th. four-days to go in the race for the white house.

>> donald trump and hillary clinton lifting key battle ground states while surrogates fan out in a fight to the finish. >> i told the president, i am ready to take the baton but he is going to have to bend over, because he's a lot taller than i am oo. >> the choice is the grump or the grunt. >> it is not a personality contest. we are not voting for high school president. >> this is not an ordinary routine. it is a movement. >> when the voters vote we want comprehensive movement. >> we have to vote for donald trump and mike pence. >> no matter how you feel if you were so sick doesn't make a damn difference, you get out of bed and you vote. >> it is going down to the wire. the latest national polls show donald trump trailing hillary clinton by just three points.

>> i can't believe we are here. >> good morning to you. you are watching "fox & friends first." it is friday. you made it through the week. >> four-days to go. gar at the time tiny is -- >> good morning. donald trump and his campaign taking advantage of every minute between now and tuesday's presidential election. the campaign riding a wave of momentum from the legal woes. trump and his running mate mike pence spanned out across the country. the candidate hitting new hampshire, pennsylvania and ohio. he will begin his packed schedule in the granite state where the two candidates are running neck and neck. the latest poll