coacng means mak tough choices. jim! yo're i buwh you have hi blood presse d need cold medicine that works fast, the oice is simple. coricididip he onld with. good afternoon to you. 4:00 p.m. on the east coast, 1:00 p.m. pacific. nine days to the election. i'm ari melber.

hillary clinton grappling with the news the fbi is looking at e-mails from the investigation into her private server. telling supporters today look beyond the headlines. >> there's a lot of noise and distraction, but it really comes down to what kind of future we want and who as our president can help us get there. >> her campaign calling on the fbi director to release more about the discovered e-mails the bureau says are pert innocent into the investigation to clinton's e-mail server. clinton telling nbc news the fbi has not contacted huma abedin of the e-mails found during a second fbi probe into her former husband, anthony wiener. donald trump supporters can't get enough of the renewed focus on the e-mails, trump railing against what he calls clinton's "criminal action." >> it was just announced on friday that the fbi is reopening

their investigation into the criminal and illegal conduct of hillary clinton. her criminal action was willful, deliberate, intentional, and purposeful. >> nbc's gadhi schwartz, we often take the newsiest sound bite. you're out there. give us a percentage proportion, how much of donald trump's argument today is keying off this obviously big political headline and how much is about other closing arguments on policy or his outreach to voters? >> reporter: that's a really good question. it's hard to discern. today was a very energetic crowd. today it was all about every time he talked about the e-mails, every time he talked

about the fbi, the crowd would go wild. the they were chants of "lock her up." when you talk to people in the crowd, they say what's brought them to this rally for the most part was obamacare. they do not like obamacare. they're distrustful of a lot of the coverage that trump has received and they're distrustful of the media, distrustful of a lot of the spin. but what they say is they've seen for themselves their ream yum premiums have gone up. they are quick to rattle off what they were paying before, what they're paying now. that was a motivation for a lot of people to come. when trump was speaking, he was very deliberate in the words he chose. i'm going to read them again. it's something we've heard at the last few rallies. "her criminal action was willful, deliberate, intentional, and purposeful." he says that again and again without really offering very much proof to back that up.

it's those types of lines that absolutely drive fact checkers crazy especially in light of what we're learning about this fbi letter to congress and what it may or may not contain. that information has not been made public so it's very difficult to fact check. a lot of trump supporters say they are skeptical about the facts anyway because they distrust this system that they say is rigged. now the trump campaign pushing to try to get a lot of those people that attended this rally to the polls. they had some buses here they are taking them to early voting so they're hoping that will translate when the election comes around. ari? >> thank you. halle, you follow this closely, dialled into trump land. donald trump obviously very enthusiastic friday with what he thought the letter menltd. meant. subsequent reporting showing no one knows what it meant.

james comey sending out an ad addend addendum, basically a staff memo to 30,000 people in the fbi. at times one person wrote it seemed self-pitying. he said woe is me, i could be m misintermented. people thought, yeah, when you write something like that. do the trump folks feel the wind is at their back? if it is open to interpretation, that is a good thing as a political matter for them. >> because they can interpret exactly how they want to regardless of how vaguely worded the letter was or any kind of clarification you may see from comey down the road. there's nine days left. trump's going to push this for the next nine days regardless of what he does or doesn't know in the sense of using it to his political advantage. so, yes, the campaign does feel the wind is at their back. they felt like that even before this news came out. they were looking at some of the polling thursday night and felt like his message about something gadi talked about, the obamacare rate hike some consumers are seeing, that that messaging was starting to sin income. they're looking at the polls. they know they are behind, which frankly is almost everywhere

when you look at these key battlegrounds, florida and ohio. >> let's broaden it. donald trump always seems to be feuding with someone. >> mcmullin today, for example. >> and he has been weird or curious strategically in some of the feuds he has chosen to spend days on, right? >> he is still going after jeb bush months after the primary ended. >> that thing like you finish a fight with someone and a day later, i have the comeback, except it's three months later. fight with jeb bush if you want. i'm going to do the law and substance later, but the politics of obamacare plus fbi investigation headline plus oh, yeah, that guy anthony wiener, right, who they argue was in the clinton inner circle. >> been talking about it for a year. >> if you're going to be feuding these would seem good mill feuds. >> they are the fights one would think he would want to be picking that the point. as a candidate who tries to capitalize on the news and political headlines of the day, this is something the trump campaign was frankly i think a

little gleeful about it or at least felt very positive as far as how this would help their campaign moving forward. >> nbc's hallie jackson except and gadi schwartz on the trails for us. we have senior officials tell who tell nbc news the doj opposed the entire idea. the decision has now up corked a storm of criticism from many legal experts in both parties. matt miller, former spokesman for then democratic attorney general rick holder told "the washington post" at one point, "jim comey forgets that he works for the attorney general." matt miller joins us. i want to talk to you not about your opinion on the politics of the election but on your view about what's going on here with doj and fbi. first of all, do you think that jim comey was basically duty bound to send that letter even though it was not the normal policy? >> no, not at all.

i think jim comey made the first of many mistakes in july when he held his press conference and went way beyond the bounds of what fbi agents or prosecutors usually say when closing a case. he made a series of mistakes following that. and they culminated with this really bad mistake on friday. >> so let me focus on that. if you hold the view that the letter was unnecessary or i ill-advis ill-advised, then let's go to what is in the letter and what's not. putting aside whether it should have been sent, if you ear going to send a letter like this, do you think he struck the right balance and context in what he did tell congress? >> you know, it's a hard question to answer because i think he never should have sent the letter in the first place. i'm sure there would have been a better way to write the letter to make clear they haven't even looked at these e-mails yet, don't know if they're from secretary clinton, they don't know if they're duplicates. you could have said all those things. really the better outcome would have been for him not to send the letter in the first place,

which would have been keeping with practice and precedent. >> you just said, if he sent a let they're said we're going to look at something and everything in the pile may be e-mails we've already reviewed but in an abundance of caution i want to tell you, congress, we're going to look at that, it may be reviewed material, don't you think that would have been a different headline friday? >> yeah, absolutely would have been a different headline. but it gets to the point that the fbi director's not supposed to be worrying about headlines. he shouldn't be thinking about if i send this letter, is it going to work out better for secretary clinton or donald trump? the fbi director should be staying out of politics and thinking if i do this at all, will it put a thumb on the scale of the election. and the answer clearly is yes by sending it. i think it's blown up in his face a little bit. he's getting a lot of criticism that maybe he didn't expect, but clearly he just should have stuck with practice, precedent, and listened to his boss, the

attorney general, the deputy attorney general, who clearly advices him this was a bad idea. >> now, then there is the history, record, and reputation of jim comey. when you talk to former prosecutors in both party, when you talk to fair-minded people who work in the oversight on the judiciary committees. when you talk to line agents. for years we have heard almost unusual amount of positive reinforcement of his record, his integrity, and his independence. that is relevant as people assess whether to give him the benefit of the doubt. you have been writing and arguing publicly this week, there is something wrong with personal approach or attitude he has with this. what are you saying? >> yeah. you know, i actually think he is a man of great integrity, but i think that integrity sometimes veers into self-righteousness. by the same token, he's a man who values his integrity but you listen to advice. you don't put your own judgment in front of the rules and

regulations that are there to govern the attorney general, the fbi agents including the director. one of the problems here is the fbi director is a powerful position. it's a ten-year term designed to stretch across presidencies. that person has almost unfett unfettered ability to ak as they see fit. the only recourse really is to fire them if they go beyond the rules and regulations. because of that, you expect them to act responsibly. you expect them to not put themselves above the law, above the rules and to substitute their own judgment, no matter how great they regard their own ethics to be, to not substitute that judgment for thes that have been in place for years to protect the rights of those who are being investigated by the department. >> matt miller, former spokesman for attorney general eric holder at the justice department, thanks for joining us. >> thank you. despite all the developments over the past 48 hours the fbi does not, it says, have permission to look at huma abedin's newly discovered

e-mails. i this talk to the reporter who broke that story, michael isiko isikoff. using 60,000 pois fr chase ink cd wire. and plants needed tgive my shop... ce... learn k

welcome back. new reporting could answer one of the most significant questions about this fbi inquiry into clinton's use of a private server. has the fbi read the content of these newly discovered e-mails? comey's cryptic letter to congress friday led many to conclude the fbi must have come across some kind of significant develop from inside the e-mail. here's the chairman of the house intelligence committee, congressman devin nunes, seeing no other reason for comey to renew the inquiry. >> this has to be a substantial develop. i don't see director comey opening this back up 11 days

before the election unless it is quite serious. >> unless it is quite serious. new reporting says according to three government officials speaking to yahoo! news, fbi agents have not been able to review any of the e-mails because they don't have a search warrant yet. joining me yahoo! chief investigative correspondent who broke the story, michael isik f isikoff. i just played the sound. many people, some republicans, some nonpartisan observers said for this to come out, this timing, this way, comey or agents must have seen e-mail content that showed something serious, something big. is that because they haven't read the e-mail content? >> exactly, and this is a significant point people ought to realize. that assumption you just showed from the house intelligence committee i think was widely shared on friday after comey dropped the bombshell of this

letter. the idea most people thought he would not have done that if he didn't have serious new information that might justify reopening the clinton e-mail server investigation. in fact, all the fbi has at this point is it's got a laptop from anthony wean they're has tens of thousands of e-mails on it that were from huma abedin. now, one of her accounts. it appears from what we know that these were e-mails that were forwarded from one of our state department accounts or the clinton e-mail server account to her personal yahoo! account or possibly the clinton e-mail account that was accessible on that lap top. and we know from huma abedin's testimony to the fbi in her fbi report that she said she routinely forwarded state department e-mails and documents

to her personal account and yahoo! e-mail server account so she could more easily print them. >> if that's known it matches. let me read from one of your sources in your report. at the time comey wrote this letter friday, "he had no idea what was in the content of the e-mails." that goes to the second question, michael. if he writes a letter to congress implying they have new evidence but he hasn't looked at the content of these e-mails, how can he be sure that this isn't old evidence, e-mails that were already reviewed? >> he's not sure. if you read his letter and his statement and his letter to fbi agents closely, you would see that. what he said in that letter to fbi agent, most people overlooked this friday night, after being breeched, he gave -- he decided to give investigators

permission to seek and obtain the content from these e-mails. that was the tip thauf they did not have authority to read the e-mails. >> you and i both know from these kind of cases, while that is true and lawyerly, it is possible sometimes that investigators obtain one or more damning documents, what in inquiries are sometimes called hot docs, and that leads them with probable cause to get the warrant. they have something. if you were saying your reporting is finding not only do they not have something that is a bad thing, but they don't even know whether the thing they have is new, this entire thing could be about duplicate e-mails that were already ve reviewed in the original investigation. >> it could be. now, look, you know, they do have the metadata, they have information to and from and what -- they may eve haven't subject lines so they might be able to look at that and see, hey, does that mesh with what we have already seen or not.

but until you open up the e-mail, you don't know. >> metadata, you're saying markings without the content might lead them to believe these were unreader, mail. >> who sent it to whom, when it was sent, and you may eve haven't the subject line. but you don't have the content. >> let me ask you a casual question. have you ever seen anything like this? >> no. i don't think anybody has. to have a bombshell like this dropped in the closing days of a presidential election, in which we don't know whether it's significant or not, i should point out there have been instances, whether it's against justice department policy, whether in the closing days of a presidential election, 1992, lawrence wall, an independent counsel brought some in the iran contra case, but in this case, what's so puzzling and unprecedented about it is it's

not a criminal charge. we have an ambiguous letter in which nobody knows what to make of it, whether this is significant or not. >> last question. based on your reporting, do you think the letter as written by director comey was reasonably clear? >> no, and based on the reporting i and others are doing, i think certainly if he was going to write the letter at all, and that's a separate question and, you know, concerns that if he -- the fbi moved forward and it leaked and he didn't alert congress, that the fbi would be taking heat for continue seeming information that might impact hillary clinton, given what we know, i think he certainly could have worded this -- with late l more clarity to say what he knew, what he had, what he didn't have, and why the fbi was going to take the steps he recommended. >> yahoo! news chief

investigative reporter michael isiko isikoff, thanks for joining us. >> thank you. hillary clinton has not been donald trump's only target this weekend. also attacking evan mcmullin. well, ech van mcmullin joins us to discuss his campaign and get his reaction to the fbi letter straight ahead.

donald trump barnstorming across the west. he heads to colorado, albuquerque, new mexico, but apparently utah is on trump's mind and not in a good way as he goes after the independent candidate that's closer to trump in some polls than even hillary clinton, trump calling mcmullin a puppet of conservative columnist bill crystal in this interview. >> i know the people of utah. if they go enough for this character that's running all over the state and we lose the state of utah, that's devastating because that means

we're probably going to lose the supreme court of the united states for 60 years. >> trump talking about the idea he might actually lose utah. that would be something that hasn't happened since 1968. the last time an independent candidate won a state, so that would be six electoral votes, a lot on the line. evan mcmullin is here with us from washington. first your response to donald trump. >> well, the idea that he knows utah is a farce. it was interesting as he accused me of campaigning from coffee shop to coffee shop. if he knew anything about utah, you'd know the consumption of coffee isn't exactly very high there. but the point is this -- we're out there competing for utahans' votes. donald trump is down by a long shot in electoral college projectio projections. he's likely to lose in a landslide. if he doesn't, we have an opportunity to block hillary clinton and donald trump by winning just one or two states so, that's what we're trying to do. we're the only conservatives in

this race. i'm the only conservative presidential candidate in this race, and that's why my message of equality and liberty is resonating with utahans. >> you're obviously running to win as many states as you can. if you win in utah and another state or two and then hillary clinton goes over the line, will you be happy with that result? >> well, not exactly because we'd like to block them both. that's the goal. but we depend on the race being very close. look, donald trump, if he loses this race, will have lost it because he alienated women and minorities, racial minorities and religious minorities, millennial, and white guys like me. he has nobody but himself to blame for a decisive loss on november 8th if that's what happens. but fit's close and the polls are tightening somewhat in some areas, well, then, we'll be there hopefully to block them both and that's what our goal is. >> you say you're the only true conservative in the race so, that's going at some people who would be inclined towards trump. what is the single best reason someone who's not a conservative

should still want you to be president instead of these two choices? >> well, i appreciate that question. our message has been from the get-go that we need to rededicate ourselves as a country and as a conservative movement but you're asking more broadly. as a country to the truth that all men and women are created equal and to the cause of liberty. that message is resonating very strongly with lots of people on the left, in fact, including a lot of bernie sanders and hillary clinton supporters many of them millennials approach us and say we'd never thought we'd do this but we'll vote for you, we're with you, we like your message, we hear that a lot. this is a message i believe can unify the country. i think it's a conservative message but in truth an american message. >> what do you say to the critique -- i don't mean this to sound disrespectful -- but the critique that you're only in 11 states so you're not really ready to play ball here, you're trying to play baseball fielding a team of four people on the field and no matter how good they are, meaning even if people

really do like you and they think you are the best, you're so outgunned because you couldn't win this race fair and square through the normal route even if you won every state you're registered in, that you really should wait until you can get on all the ballot, come back some year when you have a full team to play? >> well, you said a lot there, but i think the most important point is this isn't about me, this isn't about me waiting until another time when i would have an easier go of it. i'm in this race because no one else would step up and challenge hillary clinton and donald trump in the general election who had any opportunity to block them or win outright. i hoped mitt romney or somebody like that would do it. in the end, they didn't, and i was disappointed so, i decided to do it myself. is it ideal? no. are the odds long? absolutely. no one feels that like i do. but the simple fact is in my mind, at least, that even though it's difficult and hard it was worth doing anyway to try to help save this country from these two unfit candidates for the presidency from the major parties. >> evan mcmullin, appreciate

your candor and your time today. >> thank you. >> hillary clinton with slight leads in the battleground states of florida and north carolina. that's the new nbc news/"wall street journal"/marist polls. those polls conducted before that letter from the fbi on friday. a look at how that whole bombshell might shake up the poll numbers or the election straight up next. crowd ise ] oa. when your pain [reliever stops working, your whole day stopstry th. t justne aleve s the streng to op paifor 12 hours tylenoand adn quit aer. lyour whole day, not par with 1 hour ave

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♪ uniquelyesigned for the iven. introducing firseverinfinix30 . vit your lal infi retailer tod infi. empor thdrive. welcome back. half past the hour. second to last sunday before election day. trump out in three states -- nevada, colorado, new mexico. clinton continuing to campaign in the blounld of florida where she's had some trouble. she was in wilton manors near ft. lauderdale earlier this afternoon. the big story, the investigation into clinton's use of a private server looming large on the campaign trail today. trump was all over it earlier. >> hilly set up an illegal

server for the obvious purpose of concealing her criminal conduct from public disclosure and exposure. ive a feeling they just found a lot of them, don't you think? huma. they just found a lot of them. we never thought we were going to say thank you to anthony weiner. >> for her part, clinton did not mention the fbi at all in florida. is the closest she came was to urge her supporters not to be distracted by, quote, noise. the new polls, showing clinton holding that sizable lead in a key state like north carolina. deadlocked in florida where she's had more trouble. we'll dig into the politics of how the fbi probe may or may not be playing out in this election. i want to bring in bill o'reilly from "newsday." >> no relation. >> don't worry about it.

for phones who have been watching at home, we have done the law and facts of this a budge, including michael isikoff, who said the fbi habit actually read these e-mails which means some of the speculation mab wrong to say this must be a smoking gun. you are here to have a fact-based political discussion. the it a good closing argument for trump? >> i think we don't know and the cycle may change seven times between now and next tuesday. i think they're handling it well by calling mr. comey's bluff saying knowing he won't put e-mails out inned a vanls of that. saying put it out there, put ut out there. that's the best way they can handle it to try and make the issue more about the fbi than about her certainly.

if you want to know who's going to be the next president, ask the cabdriver. probably your best bet. >> not just calling his bluff in the proverbial card analogy, he's saying he doesn't know what cards he's holding. now, jeff guerin, who people know as a pretty serious researcher out in the politics field, he was looking at this briefly. he was a clinton strategist to be clear. he said early but i was in the field two states last night and saw absolutely no impact from reporting on the chromy letter. >> i agree. i think most voters have made up their minds how they feel about hillary, hillary clinton and e-mail, and truth be told i think they feel the same way about donald trump. i hi thiz supporters have dug in and firmly.

that's where the rubber meets the road. i think to bill's point earlier, true to form through the next nine day, something else, maybe three or four other things will happen to cause voters to sort of take a stem back from this. >> halloween tomorrow. who knows what someone could roll out for the archives. that could happen with either of them because these are both people who have been in the public eye for so long and who have done so much in their lives, whether that's reality tv or being secretary of state. there's still so much more that could be mined and come up we were talking about how you have to check twitter every five seconds. >> you're kitecyting the fact there are firm opinions in a polarized country and two known candidates with concrete

perceptions. the way it's called an october surprise, people are paying way more attention close to the end. >> the indictment that his defense secretary faced was so close to the election, a, everyone's paying attention, and b there isn't enough time for it to get traction and context or rebuttal. here's george bush sr. on that point. we don't have it. george bush sr. said i thought i was going to win in spite of the polls a few days before the election, then they came out with these indictments the friday before the election. we have it. better than me reading it, let's play it. >> i actually thought i was going to win in spite of the polls a few days before the

election. i must say when that mr. walsh came out with some indictments -- >> on the friday before. >> of fryberger friday before the election, brought by his aide, who was a big donor to the democratic party and a big democratic operative on the west coast, brings the indictment against weinberger and, heck, i talk about we're changing, the polls are closing, cnn has us only four points back or eight points back, and all these reporters want to talk about is the new indictment and whether that made me look like i hadn't told the truth, which i had told all along. you talk about a politically timed indictment, not blaming anybody, but that was a cruel blow. >> a president, a powerful person, talking about that because it was so close to the election. >> absolutely, which is why you see this clinton campaign sending an army of surrogates

out today pushing this idea of release more information, which is safe for them to say because realistically it takes weeks to review this kind of e-mail -- >> do you think they're being shady? >> i think in politics if you don't always raise an eyebrow at everything everyone says i question why you would be a journalist. skepticism is part of what we do. if you don't go into something skeptical, especially with politics -- >> republicans say the same thing. >> you have a rare agreement of everybody saying put it out. and you have the idea this is not just someone saying, okay, i'll g along. this is huma abedin, who sat under oath. >> going to the point i was making before, republicans and

democrats albeit for different reasons want the exact same thing. more information. because that is actually what is going to sort of liberate this conversation a bit. i think what's interesting is that hillary clinton is not really mentioned. this is an anthony wiener investigation. from all accounts he's cooperating, huma is cooperating. there's really no "there" there, but the truth of matter is it makes for a good trump talk point. >> as we know, politics is a game of momentum. this is a momentum game and you're seeing republicans coalescing behind trump in much greater numbers than at any time during the year. he was at 73 about six weeks ago and now another 88. mrs. clinton's at about 88 as well. 87 or 88. trump is the trick kand that will refuses to blow out finally. you're constantly convinced that's it. here he is back in college football or any other sport when

a team hangs around long enough, anything can happen at the end. >> do republican-based voters dislike hillary more than they dislike trump? >> it depends. i'm not on trump's side, but i think most republicans have come home and mrs. clinton is i think president obama had 93% of democrats with him in the last election. she's only at 87% or 88%. she's got to be concerned. >> bill o'reilly, contingratula you on your long-running show. >> i'm taller and thinner on fox. >> extraordinary career. >> very nice run. my father's proud. >> do people get jokes on tv? i'm joking. basel, luciana, thank you both. appreciate it. great discussion. hillary clinton appearing at a jennifer lopez concert last night in miami, part of clinton's effort to urge floridians to get out early. >> we just heard jennifer perform "let's get loud," well,

i say let's get loud at the voting booth! >> after break, we'll go live to south florida to see how that early voting is going and look at the metrics and a get out the vote program the clinton campaign hopes will succeed on election day and before. joy reid picks up our coverage next hour. she has a "washington post" reporter with the exhaustive story about the trump foundation and his not so charitable record of giving. t. we're not ssive grsive. y, hey, he i've as admirehow u st say wt's inour head,. mter withoury bra.g. goodnt ted yo linoof that looks en everything. thank yo welcomoof that looks en everything. so, fedex lpimplify r commmmusess and this is not a paivaggrsive . just wanted to say, you guys are d a grjo wh's that suefedex.n? helping l busiss simplify e-commerce.

mynsurance rates a but dad, you've got.... ...astate. with accident forgivessthey gue your rates w go up just because of ant. smart ki inde. it's gooto be in, good hands. more than 21 million people have already cast their votes for this election. hillary clinton's campaign working overtime to get early voters to the polls, especially in a state they've had trouble with, florida. how does turnout look?

>> reporter: ari, hillary clinton campaigned in miami today. she went to church there too. we were told by the clinton campaign we were going to be bringing buses from local churches to this polling station in cutler bay just south of miami where i am now. i can tell you that did not happen. instead, passers drove their own cars here and had a small event behind me where people were trickling in and out all day. voters at this polling station. that is where we found joetta, a registered independent in florida. you cast your ballot. can you share with us who you voted for and why? >> i voted for hillary clinton because she's the first woman possible president of the united states and i'm excited about that, being that she's a woman. >> reporter: was the latest e-mail controversy of any concern to you at all? >> no, not at all, because i think that's not what we should be focusing on. we should be focusing on the issues, and the country right now is in a very bad turmoil with different wars that's out

there and we just want to really focus on the issues. >> reporter: thank you so much, joetta. mom, who kid not want to be on camera, over 80 years old, she brought her to the polls early. send mom your love. thank you. ari, what has worked for clinton here in florida is really the big events that marc anthony/j. lo concert you mentioned, i don't know why they don't make more push for it. each fn they have that slim lead, no one is taking anything for granted in florida. a small difference could make the difference nationwide. >> she always talked about "if you had my love." both candidates looking for that early vote love. thanks for your report.

we're onta tape delay so we'll cut p that. stay with us.

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what do you like to eat? >> no more politics. >> we want to know -- >> okay, well, first of all, i like to eat. >> hillary clinton there on univision, part of her outreach to latino voter who is make up 30% of eligible voters in texas. the latest polls in the lone star state, a mixed bag. austin american has trump lead big seven points. that's strong. the texas tribune, clinton closing the gap to within the margin of error. that itself would be stunning for a state that has been solidly red for decades. romney and mccain beat barack obama by double digits, for example, despite losing nationwide in the last two elections. clinton's gains are surprising and the newspaper endorsements she's received.

five of the largest newspapers have endorsed her. "dallas morning news," which hadn't endorsed a democrat in 75 years. by contrast, trump has won a single endorsement in the state by the -- you guys make me -- it will waxahachie daily light. i'm apologetic to the people in waxahachie. i was not prepared for that. joining me now, ross ramsey, executive editor of the texas tribune. how do you say it? >> you got it right, waxahachie is exactly right. >> barely right. what's going on in texas and as far as you can can tell is this a pro clinton democrat thing or just an anti-trump thing? >> it's mostly an anti-trump thing. we have it has a close race. i would say it's a race within the margin of error and it is, but there's a pattern of polls. there's four or five polls that preceded the texas tribune, university of texas poll that all have trump leading by a little bit. i would call it -- it's a trump lead but it's a skinny one. and if you ask trump's voters

why they're voting for him, 53% of them say they're not actually voting for him, they're voting against hillary clinton. so i think it's a negative vote. >> the voter demographics we'll put up on the latino vote. seems to be more broadly changing. 39% latino voter tonout. what does that mean? >> the latino turnout has never matched the latino population. the hispanic vote in texas is probably 21% or 22% of the total vote. a bugger part of the population. if something lights them up, gets more eligible voting than before and if those new voters poet vote the same way as the hispanics who have been voting, you could have a real democratic turn in the state. >> obama fans may remember there was a lot of talk about him making inroads, a whole battleground, texas turn texas blue thing. it got a lot of press. didn't work out for him. did that however seed or build a

foundation for any of this or that really didn't work at all. ? >> i don't think you could say it worked at all. greg abbott beat wendy davis by about the margin his predeces r predecessors had beat their democratic proponents. the after-effect wasn't great. if you look at this election, you see a big anti-trump voter, sort of reluctant republican support for trump and a fairly normal democratic support for clinton, you might get a turn there. the democrats might be able to turn that into a list that they could use in 2018 or 2020, but that's pretty speculative. >> what are you seeing from the actual campaigns on the ground? >> it's pretty quiet here. we don't see much advertising here. we see some groundwork but most of the work that we see in texas and presidential years is in other campaigns. we don't have a senator on the ballot this time. we have a couple down ballot, statewide races. it's a relatively quiet ballot.

>> all right, ross ramsey, thanks for the report. >> thanks. >> appreciate it from the texas tribune. that is it for me this hour. i'm ari melber. appreciate you watching. you can find me on facebook at facebook.com/arimelber. don't go anywhere. my friend and colleague joy reid picks up our special election weekend coverage, more on the fbi inquiry into clinton's e-mails and a poll from another red state where clinton may actually be looking up nine days from this election. twtruck beds. let's start over he wi this alumumum b. twtruck beds. put your toolbox up here... ! that's a big holat is unbelievl. now let's k out the roll formed same angle,same pt b.o. the steel helder it's truck mon! make a strong desi. find your g d get er eleven thousand total value on silvero prov it is t tost truck her

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mr. comey needs to explain why he took this unprecedented step. >> good afternoon. i'm joy reid. jim comey has come under fire for what the clinton campaign said is an unprecedented and inappropriate foray into the election days before the vofina votes are cast. he sent a letter to congress friday saying he found more e-mails that may or may not pertain to the investigation into hillary clinton's private server. richard painter, the former chief white house ethics adviser for george w. bush says comey may have violated federal law. he joins me by phone. mr. painter, thank you for being here. you wrote an op-ed in "the new york times" i have in front of me in which you asked the question, did the fbi director abuse his power, and you go on to e describe what you seem to be alleging are potential violations of the hatch act. could you please explain? >> the hatch act