bill: i love it, i tell you. i think you're going to miss it when it's gone. martha: the ugliest thing we have ever seen. you bet we are going to miss it when it's gone, well, who knows. we will leave you with that. bill: see you this weekend, special programming. ♪ ♪ ♪ jenna: hillary clinton and donald trump hitting the home stretch of the campaign sprinting across key battleground states with four days to go until america decides. welcome to happening now i'm jenna lee. john: i'm john scott. the candidates are trying to leave nothing to chance making closing arguments and trying to boost voter turn oath as well with secretary clinton hitting pennsylvania, michigan and ohio today. donald trump heads to new hampshire. ohio and pennsylvania. we have live fox team coverage with senior national correspondent john roberts on the trump campaign but we begin with fox business network blake

berman live in washington with the clinton campaign. blake. blake: pick a swing state on this day and chances are you are going to see one of the top democrats campaigning there today. hillary clinton starts her day in pennsylvania, a couple of hours from now and moves onto michigan. two states that democrats have won the last six presidential elections but clinton force today defend the strongholds in the final days of the campaign here. she closes her day in ohio and will be represented in states all over the map on this final friday. for example, tim kaine campaigns in florida, bill clinton, colorado, chelsea clinton, new hampshire. president obama holds two rallies in north carolina. the vice president joe biden will be in wisconsin and bernie sanders stumps on the nominee's behalf in iowa and nebraska. part of clinton's final push today is trying to portray donald trump as too unsteady to occupy the oval office. a theme she has been hitting for

weeks. here she was yesterday in north carolina. >> this is someone who at another rally yesterday actually said out loud to himself u stay on point, donald, stay on point. [laughter] >> the campaign probably put that in the teleprompter. stay on point, donald, stay on point. blake: clinton is trying out some new big name entertainment surrogates, last night she was joined by pharrel williams and tomorrow in philadelphia katie perry will take to the stage and we learned while ago clinton's first stop today in pennsylvania, she will be introduced by the billionaire businessman mark cuban who will continue to needle trump over the true value of his net worth. lot going on in a whole lot of states, send it back to you. john: spoken like a billionaire. jenna: we we are waiting for

trump's running mate mike pence. in the meantime trump closing the gap on clinton on firewall states and that's where john roberts continues coverage live from that state, john. john: jenna, good morning to you. donald trump only has a couple of paths to get to 2070 electoral votes and one of the paths is right through the granite date. a week ago it was hillary clinton leading by 7 and 9 points, take a look at this, new boston globe poll out late yesterday has it all tied up in new hampshire at 42% points a piece. 161,000 job created, fewer than what was expected an while democrats are trying to put the good face on saying, look the unem pliment roit dropped to 4.9% and trump will point out that it has slipped yet again

and the numbers close to 500,000 maybe a little high and also includes people that have voluntarily left the workplace to either stay at home with the kids or are retire. donald trump will also hammer hillary clinton today on her on going problems with e-mail and the fbi investigation as he did yesterday in jacksonville, florida, listen. >> 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. the fbi agents say their investigation is likely to yield an indictment. [cheers and applause] john: so expect more of that

today in the states that trump will be campaigning in. wife melania yesterday for big formal speech back in july, pennsylvania, outside of philadelphia trying to ramp up enthusiasm. if she becomes first lady she will make cyber bullying primary issue. >> listen to this. >> people have asked me if donald trump is the president, what kind of first lady will be, it will be my honor and privilege to serve this country. i will be an advocate for women and for children. john: so melania was expected to give two or three speeches before the election, it looks though as that is going to be her final one and jenna just before we go, i want to tell you how significant new hampshire can be and scare the pants off of you as well, if donald trump were to win the big battleground states of ohio, north carolina and florida, then get utah,

arizona and nevada -- sorry, memory is getting strange here and then were to win the second congressional district in maine, if he flips new hampshire, it finishes up 269 to 269 and then we go to congress to figure out who is going to be the president, jenna. [laughter] jenna: well, we will see. the fact is that it is out there, john. so we have to watch all of these options and more reason to watch fox news on election night for all the unexpected twists and turns of this race. thank you very much. john. john: why not end it with electoral college tie. donald trump with some win at his back with new polls put him in dead heat with hillary clinton, a fourth poll by the american research shows trump ahead by 5 points, nationally clinton holds a 3-point advantage in the latest abc washington post tracking poll. she leads trump 47 to 44%,

joining us now glen hall, editor for wall street journal. that 3-point lead that's not shared by every poll. >> that's right. when you look at real clear politics a 1.7 point advantage. john: does that suggest -- does that suggest that his momentum is going up, hers is going down or is it a little bit of both? >> it's a little bit of both but more hers coming out after revelation of anthony weiner's emails and emails to be reviewed by the fbi, renewed emphasis on the fbi probe, that was damaging and thought they put behind them. donald trump has avoided some gaffes, many things have not been dogging him as much and he has been on the campaign heavily. he has gained momentum but a lot of it was the damage to the clinton campaign. john: i know that you have been looking at the early voting trends, what are you seeing there? >> well, it's a mixed bag in a

lot of ways, when you see the number of black voters who are historically been strongers for democrats and hillary clinton, they're not coming out a big a fashion as we have in past presidential election. overall democrats are seeing more early voters than republicans. 30million early votes already. john: isn't it traditionally democrats who are likely to be early voters than republicans? >> that's right. patterns aren't completely out of the norm but areas that clinton are worried out there trying to make sure they get the black voter. the turnout is critical for both campaigns. john: donald trump supposedly has the excitement, the more excited voters, hillary clinton's operation is said to be the one that is better at turning out their identified voters. so where do you weigh that one? the balance? >> well, it's the machine against the enthusiasm, i guess if you want to simplify it to that.

that's an important thing for donald trump. when you look around and see clinton surrogates are everywhere. you were talking about that a minute ago and a lot more of them. recently as this race has gotten started have you seen donald trump surrogates showing up. we saw ted cruz in the campaign with pence and we saw mitch mcconnell making a statement about how we need trump as president. john: what about this revelation that the russians may get involved in trying to, you know, mess with the system or create some gigantic cyber attack on election day? >> this should be a big concern for everybody. the whole notion throughout this campaign that russians or any outside force were interfering with the election, this is in part a reality because wikileaks wherever they're getting information and some of the other los angeles, dc los angeles -- leaks and others have factor in a big way and that's something that should be of concerned. john: is the united states prepared for that? >> prepared for a cyber-attack? it's interest if you want to step back and look at how the

post cold war, you know, espionage is being done. russia was much more aggressive at moving into this kind of direct to, you know, people rather than a country-country espionage kind of thing. it's a new ball game out there and u.s. intelligence officials are adapting to it. john: again, thank you. jenna: could this presidential race change how elections are held? we will hear from one wall street journal that raises that question. a field in rural america is probably the last place that you would expect to find these faces. what the preservation means for our past and future. plus, as the presidential candidates pull out all the stops with four days to go, how is the media handling scandals dogging both campaigns, we want to hear from you. do you believe that russians are trying to inu.s. stock market futures influence u.s. dleks, go to fox news.com happening now to join the version ♪

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jenna: fox news alert from the nation of jordan, one american service member was killed, two others critically injured and in an exchange of gunfire today it happened -- the air base south of capitol city of iman jordanians and officers wounded, we have no word on what prompted the violence but we will keep an eye on the developing story. john: new revelations concerning hillary clinton's e-mail problems as law enforcement sources tell reuters that fbi director was driven in part by a fear of leaks from within his agency when he decided to inform congressional lawmakers, newly discovered emails relate today democratic nominee. how are the media handling this and many other scandals with just four days to go until the election? let's bring in our media panel today, judy miller and fox news contributor and lynn, washington bureau for the chicago sun times.

welcome to both of you. >> hi, john. john: october surprise like no other from jim comey, wasn't it, judy? >> right, we were not expecting that. we were expecting some kind of terrorist incident or something happening overseas or something developing here but not an actual grenade thrown by the director of the fbi and in the immortal words and that is hillary clinton's best buddy and campaign adviser, jim comey ought to be drawn and sending the letter to capitol hill which he knew would leak just like as he did in the summer when he said there wasn't enough information to indict hillary clinton but she had behaved recklessly with respect to classified information. she said too much then, he's doing the same thing now, it's

just astonishing that this fbi director maybe so afraid of los -- leaks that he's willing to throw tradition, judicial wind out the window in order to save -- john: that does not get revealed to the republican, he would be accused of trying to aid hillary clinton on presidency? >> i appreciate your question. let's talk about the wonderful surprise. john: that is the headline story. >> big story today and everyone in chicago is going to be out for a big parade for the cubs with the political angle by the way that the family that owns the cubs have political activists who are republicans and democrats on the board that owns the cubs. back to regular programming,

what was comey supposed to do? he was supposed to do the usual job that fbi agents do throughout my career and judy's and you say nothing until you have something to announce. >> absolutely. john: well, he did say -- essentially he closed the book on the investigation back in july. >> but he -- he closed the book and he wrote a new chapter after he closed it. i think that was judy's, point, wasn't it, judy? >> yes. >> the fbi is full of people that know how to say nothing and to say nothing at length, it's one of the hardest agencies to crack when you're trying to report about what's happening. so the point is people who are under investigation specially in white-collar crime which is what we are talking about, political people in elected office, they go for years trying to get a statement from the fbi saying am i clear yet, is it over, are we still doing it, it's hard, so

comey went too far in the summer and when you're this close to an election, he could have left the investigation continue or among the options he had and maybe we are not even considering all of them here right now. i think the route he took one that he knew should be controversial. sending a letter to congress. john: again, judy, he is said to have been worried that his own agency, people inside the agency were going to say to the press, friendly reporters, hey, the hillary clinton e-mail investigation is back on again and if that gets whispered in the days ahead of the election, isn't it -- isn't it better for the fbi director to just put it out there, we don't know what's in these but we have to look at them? >> that's the issue, put what out there. he put out the fact that he's looking at another set of emails

that maybe absolute duplicates of what they've already looked at. he said he doesn't know but was in a position not to comment which is standard fbi procedure specially before an election, john, i mean, look, if he can't control his own agency, if he can't control leaks from an organization that's supposed to be prosecuting -- not prosecuting but investigating potential crimes, what does that say about mr. comey's leadership? i think he has done himself a great disservice, the fbi a great disservice and perhaps depending on how things come out on tuesday, the country a great disservice. he should not have intervened at this point so close to an election. i think many republicans and democrats agree on that and certainly media people may have to cover this but i'm not sure that we like it. john: it's going to be interesting to see where all the trails eventually lead.

judy miller and lynn, congratulations that to your cubs. jenna: she looks good in the hat, by the way. john: not always easy to pull that off. jenna: absolutely. could party leaders change the way we choose our nominees? our next guest says it's time for a change and here is the theory on this. monumental secret, wait until you see more next

jenna: four days to go and americans for this election to come to conclusion, natural conclusion, editorial about what may happen after this unusual campaign by jason riley today in the wall street journal saying,

quote, the potential to tanker with the election process that has produced two most unpopular nominees in memory will be significant. a republican and democratic officials choose to go that route after that campaign season is behind, what are the options? so could this election cycle change status quo in many different ways? how liberals make it harder for blacks to succeed in the fox news contributor. white -- quite a title. explain to us what it means or what your idea could be for what we might see from the two major parties? >> well, you look at the unpopularity numbers of both candidates and people are clearly dissatisfied with their choices and our selection produce had something to do with producing and you might see moves in the republican side to please this process. on the left you have the super delegates. the democrat insiders who have

an outside role in picking the nominee. they were able to keep bernie sanders at bay and ensure that their establishment candidate hillary clinton got the nomination. you didn't have that on the republican side. jenna: sounds like a great thing because political insiders may have suede away from the public choice which could have been bernie sanders, what about that? >> right. that's what this move over the past 100 years has done. as progressive move to create more direct democracy. don't have party insiders or parties in general picking the nominees, let the people pick but those political machines also served useful purpose. they ensured that you had candidates that were more electable, less room to bring in a demagogue or populist or extremist and so we forget. insiders are insiders for a reason and maybe we need something in between in what we have now and what we had back then. we don't want to bring the political machine. jenna: in your perspective, what

would that look like for the republican party? >> well, i think partly this would have to changing campaign rules, allow parties to communicate directly with the candidates. allow money to flow directly to the candidates instead of being diverted to outside groups that are less accountable. but basically let the political professionals do their job and they do a particularly good people out to vote, getting more participation in the process. jenna: with the movement that is we have seen over the last few years, including the tea party, get those people out of there, the party bosses, all of that stuff, it's toxic to us, we want the power to be back with the people. >> that's what the move has been. the more -- instead of having the party insiders pick nominees we have direct primaries where people are picking nominees that way. it comes at a cost of getting more extreme, candidates that are able to win and are less accountable to larger portions of the population. jenna: what is that reflection

of the public? >> it may, in fact, and we are going to find out in four days if, in fact, an establishment candidate like hillary clinton who has a machine behind her can win against an outsider like donald trump. jenna: i was so-called autopsy report. i'm going to read a small portion of that because it's interesting. it would be a mistake for any one organization to think it can curcumbent voters. the lellt -- electorate makes the decision based upon experiences in recent elections we you said that voters when given choices will ultimately make better decisions than any outside group, individual or operatives. some that use that had particular suggestion during the campaign season because of donald trump because there were so many party member that is did not want to see him to be the head of the ticket. so how

to somebody like that that was issued just four years ago, 3 and a half years ago and apply it ahead as we will examine what ps this time around? >> what has frustrated a lot of republicans is that they were unable to do what democrats were able to do to bernie sanders which is to stop an outsider from infiltrating their party. bernie sanders was a registered independent up until the few days before new hampshire primary and a lot of democrats, you know you're not a real democrat, you're not going to get in. on the republican they have a nominal republican in donald trump that has been all over in the political map in the past decade but nevertheless was able to run under the republican establishment. and many people didn't like that. so i think that, you know, there's something in between the system that the democrats have and the system that the republicans have. we have a happy medium here.

jenna: we will talk more. we really appreciate it. thank you very much, john. john: a fox news alert, we have learned that a jury has reached a verdict in the george washington bridge lane closing trial. that involves two key esm allies of chris christie. the 9 count jury -- the nine counts against them have been decided by the jury. we don't know the verdict yet but as soon as we do, we will bring it to you. plus, jenna has a larger than life tribute to our presidents from the past. jenna: i guess to be next to these guys, the full story after the break

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jon: well as election day draws ever closer authorities from nearly every state are asking the department of homeland security to help make sure their election systems are safe from cyber attacks this comes as federal officials take steps to counter any election day chaos, including cyber attacks that could spread misinformation about candidates across social mead you yaw. doug mckelway joins us live from washington with more on all of this. how serious of a threat is this to the possible outcomes on tuesday, doug? reporter: well, jon, in terms of a threat to distort or

manipulate actual vote count, probably not much. the reason? the voting system in the united states is deeply diverse vied. elections are done state by state. within each state, direct by district, polling place, by polling place. mr. is no single tabulating center and no interserver to connect them all. that said, there is little doubt that russia under president putin has been trying to disrupt and sew seeds of doubt about our election process. >> the u.s. intelligence community is confident that the russian government directed recent compromises of u.s. persons and institutions including from u.s. political organizations. next these thefts and disclosures are intended to interfere with the u.s. election process. can't get any plainer than that. reporter: johnson evidently referring there to the wiki release of dnc emails last summer, which resulted in embarrassing ouster of dnc

chairwoman debbie wasserman schultz during that party's convention and president deluge of john podesta damaging the clinton campaign. why not hacks of rnc or donald trump emails? as charles krauthamer suggested in an op-ed this morning, putin harbors a deep animus toward clinton, blames personally for anti-putin demonstrations that followed russia's rigged 2011 parliamentary elections. keep in mind, julian assange in an interview with a australian filmmaker tomorrow says russia is not behind the podesta email leaks. all this adding to further intrigue, jon. jon: there is russian meddling in american politics though is nothing new, is it? reporter: there have been long accusations that spies from the soviet union infiltrated political parties. some of it corroborated by a

soviet spy. the soviets spent more than one billion dollars for the peace movements against the vietnam war, he called a hugely successful campaign and well worth the cost. jon? jon: doug mckelway. doug, thank you. jenna: fox news alert. the big story out of new jersey surely to make national news. we do have the results for the so-called "bridgegate" trial, the traffic scandal that embroiled chris christie the governor of new jersey. what of his close allies, bridget kelly, his former deputy chief of staff, and bill baroni, a appointee dot port authority of new york and new jersey, both of these individuals were on trial for, allegations were that they political retaliation they created a traffic problem in the george washington bridge. they denied these charges. but now we have the results from a jury their peers. they have been found guilty on all nine charges right now. the governor again denied any involvement, any knowledge of

that. but if we go back to 2013, there is a democratic mayor and a town right by the boring washington bridge. he would not endorse the governor. and apparently, because of that, bridget kelly and bill baroni took the necessary steps they thought to retaliate against this mayor and cause a traffic problem on the george washington bridge. we should mention, it is the busiest bridge in the entire world. jon: 86 years in prison the possible sentence for both these two individuals after a conviction on nine counts. seems unlikely any judge would sentence them to 86 years in prison given what has happened here but that is the potential sentence for bill baroni, bridget anne kelly, former allies and close associates of the governor of new jersey, chris christie. both of them guilty on all counts in that scandal. both presidential candidates are pulling out all the stops in

florida with just four days to go. why this battleground state could be the key to victory on tuesday. they're also both spending time in new hampshire where the race could not be tighter. why independent voters are taking the spotlight in the granite state. plus plus, jenna's looks at the presidential heads. you got to see this. you didn't read your

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and you could save up to $509. call that's liberty stands with you™. liberty mutual insurance. jenna: as the nation readies itself for the election of our next president we wanted to share with you a look at something truly unique as we all reflect who our next leader will be. only a few miles away from one of the most important battles of the american revolution where our first president held his dying son, all the while, securing our independence, we find larger than life tribute to our nation's leaders tucked away from the public eye. it is something that deserves to be seen by all. take a look. it may look like just any field somewhere in rural america but

down a muddy dirt road not far from the highway, we find a group of familiar faces, sitting silently, on a family farm in virginia. 43 of them with one common thread. temporarily serving as leader of the free world. >> they wanted me to crush them, just get them out of the park. i just couldn't do it. jenna: howard saved them after a private presidential park went bust. turns out even presidents can't escape an economic downturn. so, he moved them, each about 16,000 pounds of dement and steel, on to a flatbed truck and drove them down the interstate. painstakingly under power lines, one by one, lined them all up to wait, for a better home. that was three years ago. you're here by yourself. what do you think about? >> some days, cleaning the weeds up and meeting the guys up.

some days you mine wanders into history and sacrifices these guys made. the decisions they had to make, change all our lives. >> ask not what america will do for you, but what together we can do for the freedom of man. [applause] >> if you seek liberalization, come here to this gate. this gorbachev, open this gate. [cheering] >> the only thing we have to fear is fear itself. jenna: you know what i think about when i look at all these faces? you have 43 presidents out here, is that there is a lot of them i don't recognize. >> yeah. jenna: i feel terrible about that. >> it is hard. jenna: luckily we found someone help us unravel the past, historian doug wead. look at abraham lincoln the damage in the back of his head. in transit trying to the got

stat you fews here. >> this is all a metaphor for abraham lincoln. he was much more fragile politically than we think of today. jenna: why would he be comfortable amongst the weeds compared to the other presidents? >> he was very poor. when we look at lincoln and lincoln misdemeanor moral seems so imposing and powerful and strong but he only lived four years of his life in the white house. he lived 14 years of his life in a one-room cabin in indiana. and when he looked in the mirror, that is who he saw. he slept in a wooden box filled with cornhusks and bare rugs and fleas and rats. there was no door. the future of the united states hung by that slender thread. that is i say he wouldn't mind the mud at all. [laughter]. jenna: the thing i hear time and time again we're in an election season like no other in history because there's a character in

the election that is like no other like donald trump. you say that might not actually be the case. >> andrew jackson was kind of the donald trump of his era. here comes this guy from the west. he is profane. uses bad language. he has a temper. he has bullets in his body from duals and from battles that he's fought. he is against the national bank. he says it is all rigged though he doesn't use that word. but he became the 7th president of united states. he took his revenge by appointing businessmen to most of the positions. that normally would to to politicians. it was interesting time. jenna: how did that work out? >> it worked out quite well. there is good and bad about andrew jackson. he was kind of a rock star in his time. history is very tricky. hard to nail down what you think people are going to believe and accept. how historians will judge history many years later. jenna: so how, you say out of all these men, george is your favorite?

>> george is my favorite, for sure. jenna: and why is that? >> the sacrifices the man made and leadership he portrayed. look a lost courage. jenna: you think out of all these george might be your favorite, doug? >> if he is not my favorite -- jenna: hard to rate presidential hoist torians. >> i think he is a best president of american history. he walked away from power. that is the greatest gift he gave to america. i have power and give it up to people. that is a great moral example. made it tough on all the successors. jenna: howard hopes to build a new park. the meantime the group will wait, weather the elements under the weight of the wide open american sky. as one president moves peacefully from power to the history books and a new leader emerges, who will they be? what will define their legacy? their stone-faced company and

the country, quietly awaits. really something to see the whole group together, because you often don't see all the presidents together in one place just looking at you. and it really does make you think, not only about the extraordinary men who were, our nation's presidents but also who will be next and how will we reflect on them, you know, years from now. jon: is this now on private property? can anybody go see them or? jenna: it is on the private farm of howard. he put them there because he didn't want to crush them. he didn't know what to do with them. he didn't have anywhere else to move them. they are sitting on his family farm and hoping to create another presidential park some day to honor all the presidents. he is a patriot. howard figured out a way to do it with his own money, his own time. they're sitting there in a field, like his buddies. jon: we're going to need a new bust soon to go with the rest of them. jenna: that's right. there is only 43.

he says he does have a template for barack obama. so that he can be added. then of course we'll have to see who is next after this. jon: fascinating. good job. fox news alert. all counts guilty in the so-called "bridgegate" case. the closings of lanes on the george washington bridge that resulted in terrific traffic tyus for those trying to cross from the fort lee side of the river from new jersey. two former close associates of new jersey governor chris christie guilty. david lee miller will join us after the break with an update from the courthouse.

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jenna: more on breaking news there is a guilty verdict for two of the defendants in the "bridgegate" trial in new jersey. david lee miller live in the

newsroom with more. reporter: jenna what is especially significant here, governor chris christie was not on trial here but perhaps could be argued that his reputation was. two of his former high-ranking aides were convicted of multiple charges in connection with a scheme to shut down traffic on the world's busiest bridge, the george washington bridge, that connects new jersey with new york. it was alleged by prosecutors that these two former aides to governor christie shut down traffic on this bridge for political retribution against a local mayor whose communities was affected by the traffic lanes that were shut down because this mayor, did not come out and endorse governor chris christie in his re-election bid. found guilty today, brigitte ann kelly. found guilty of seven counts. along with bill baroni, former executive director of the port authority, the agency that actually runs the george washington bridge. the counts include fraud,

conspiracy as well as denying new jersey residents their civil rights. they face a maximum of 20 years in prison. this was a nine-count indictment they were each found guilty of seven counts. seven counts applied to each of the defendants. during this six-week trial, brigitte ann kelly and bill baroni both took the stand. among the evidence prosecutors presented, a number of emails, one particularly damning against brigitte ann kelly, that email attracted a great deal of attention. simply said, time for traffic problems in fort lee. that was the community prosecutors allege the, two aides were trying to disrupt traffic from. so now the question is, what will the sentence be? they face sentence negotiate weeks ahead. they will remain free on bail. we're told that brigitte ann kelly as the verdict was announced in court, broke down in tears.

she had many family members there. for bill baroni for most part was pretty stoic. at one point even smiled and shaking hands with those in the courtroom. so this is a significant verdict. these two former aides of governor chris christie found guilty. also the question now, what if any impact will this have on the governor? during the trial itself the prosecutors them set of is and others who testified said that the governor knew about this scheme to shut down traffic on the george washington bridge. this is something that governor christie has repeatedly denied but the prosecution maintained that he did know about this scheme but again, christie has not been charged. he will, however, appear in court, this is an interesting development, aside from the trial, jenna, later this month, there is a citizens complaint against the governor alleging that he did have a role in the shutdown of traffic on the george washington bridge and

later this month, he is going to be in a new jersey court. he is scheduled to being in a new jersey court to address that charge but the headline this hour, two former aides of government chris christie found guilty on multiple counts in connection with the "bridgegate" scandal. jenna: a summons for chris christie, in less than 20 days he will appear in court. more on the story as we get it. david lee, thank you. jon: fox news i alert. new developments in a an ongoing fbi investigation. joining us bret baier anchor of "special report." bret? >> jon, all of us working on this story on fox, circled back on stories, with six with intimate knowledge of the clinton investigations. they confirmed there is active investigation into the clinton foundation that has been going on for more than a year. it is continuing. for those investigators working it is a priority but we have also reported there is a split not only between the fbi and the department of justice on this

but within the fbi. on the hacking of clinton's private, unsecured server, while multiple sources believe and are operating under the working assumption that the server has been hacked, and some had specific quotes to that belief, there are, to this day no digital fingerprints of such breaches. here is what fbi director comey said bit back in july. >> with respect to potential computer intrusion by hostile actors we did not find direct evidence that secretary clinton's personal email domain in various configurations since 2009 was hacked successfully. but given the nature of the system, and of the actors potentially involved, we said we would likely see such direct evidence. we do assess hostile actors gained access to the private commercial. mail accounts of people with whom secretary clinton was in regular contact from her personal account. >> i was quoting from one source about his certainty that the

server had been hacked by five foreign intelligence agencies. while others believe that is probable because of the confirmed hacking of email accounts secretary clinton communicated with, as of today there are still no digital fingerprints of a breach. no matter what the working assumption is within the bureau. all the time, but especially in heated election on topic this explosive every word matters, no matter how well-sourced. which brings me to this. i explained a couple of times yesterday the phrasing of one of my answers to brit hume on wednesday night saying it was inartful, the way i answered the last he question whether the investigations would continue after the election. and i answered that, yes, our sources said it would. they would continue to likely to an indictment. well, that just wasn't inartful. it was a mistake, an for that i'm sorry. i should have said, they will continue to build their case. indictment obviously is a very loaded word, jon, especially in

this atmosphere and no one knows if there would or would not be an indictment no matter how strong investigators fool their evidence is. it is obviously a prosecutor has to agree to make the case and take that case to the grand jury. we stand by the sourcing, ongoing active clinton foundation investigation and are working to get sources with knowledge of the details on the record, and on camera. hopefully today. jon? jon: clearly there are some within the fbi who believe that the email system was hacked by foreign operators. its just not something that the fbi is putting out there as being of certainty? >> exactly. they're sticking with what comey said back in july, but to be clear, you know, when you're quoting someone, you have to be clear that there is this cut and dry determination that you have to have the digital cyber fingerprints to make a complete determination.

we should have made that distinction. jon: bret baier, anchor of "special report." bret, thank you. >> sure. jenna: clinton foundation, the ongoing fbi investigations, lots happening right now in the campaign trail. we're going to see some of that tangs on all of this for next several days. there is a lot to work through. we'll be paying attention to "special report" for more of bret's great reporting and more reporting from catherine herridge and beyond. jon: we'll see you back here in an hour. jenna: "outnumbered" the starts right now. >> fox news alert. countdown is on just four-days to go until election day. donald trump to speak soon at a rally in the key battleground state of new hampshire, a state that could decide who becomes our next president. this is "outnumbered." i'm sandra smith. and here today, harris faulkner, co-host of "after the bell," melissa francis, radio talk show host meghan mccain. today's #oneluckyguy, the former

governor of arkansas and former presidential candidate, mike huckabee, and he is outnumbered and good to have you on a busy day. >> it's a busy day, i am definitely outnumbered, no doubt about that it will be fun. >> great to have you. so much to get to. let's get started donald trump set to speak any minute in the key swing state of new hampshire as some analysts say the race could come down to that state's four electoral votes, giving the republican nominee enough to win the white house. new suffolk university "boston globe" poll show donald trump and hillary clinton now tied in the granite state, both at 42%. as the candidates are ramming up their attacks in the final stretch. >> she has no right to be running.