>> welcome in on this halloween. it's good to have you with us. shawn is off tonight. >> i'm here. >> you're stuck with me. >> because it's hall owe weep i'm here to torture you. >> let's talk about the white house. it says it will neither criticize or defend the director of fbi after the bomb shell with hillary clinton's meeting. >> as you can see from the run down on the side of the screen this is one top story we have at 6:30. tweet us what is on your mind about emails or anything else going on with election.

them and get them on air. and looking at emails related to hillary clinton's use of private email server. justice department came out saying they will put all available resources looking to emails. back in july the agency cleared her of any wrong doing. here's what both candidates had to say about this -- >> i have to give fbi credit that was so bad what happened originally and it took guts for director comb dwroy make the direct director comey making the move in light of what he had to face in light of criminal prosecution.

has spop about this as well. her camp is none too happy of what was wrong. is comey a scapegoat for the clinton controversy and is it overshadowing election day. >> let's bring in ronica cleary. what are people saying about this? >> it's interesting i know you played donald trump having a change of heart if you will about the fbi director james comey and that's definitely what we're hearing from the democrats as well in reverse. when the news first came out back in july that hillary clinton would not -- there would not be charges against her for use of private email server and democrat really openly came out and defended her and the republicans really criticized that decision. we're seeing a complete switch from the parties and it's interesting conversation to be had because with all of this there's this now pointing to james comey he sort of is now

candidates if you will. is he doing something really inappropriate or illegal if you will as a person and as director of fbi because their role is supposed to be non partisan. and actually over the weekend senate minority leader harry reid september a let to james comey he may be in violation of the hatch act it says the fbi cannot do things that would influence or affect interestingly enough in light of that letter, i have to say i was a little surprised today that during a white house press briefing, josh ernest came out and said that the president does not feel that the fbi director is deliberately attempting to affect the race. take a listen to what he had to say. >> and i have to give the fbi credit that was so bad what happened originally and it took

the move that he made in light of the kind of opposition he had where they're trying to protect her from criminal prosecution you know that. it took a lot of guts. >> that was different sound that i expected that was donald trump. that was done done showing that change in reaction to james comey that we heard back in july app i think we hearfr and speaking today about the fact that the president does not feel that comey is deliberately attempting to affect this race. list tone that now. >> the president doesn't believe director yomy is trying to influence outcome of election ar secretly strategizeing to benefit one candidate -- >> so there you have it. i mean people will take with this what you will.

people see things through lens of the party they are affiliated with to watch that on both sides no one is free from saying they're doing this and it really is a very interesting things to watch unfolded. >> here's the situation rights now you will have people no matter what will vote for hillary clinton and people no matter what vote for donald trump and third party candidates obviously a lot of votes going their way. do you think there's a group of voters out there swayed by this that say i will wait until everything comes in before i go to polls next tuesday. >> i do i think there' are there and real and exist and i joked about this on our sunday show about the fact that i have fomo, fomo, fear of missing out and you may feel committed to a candidate or committed to a party but there are people especially in this very unusual election up like anything else we've seen obviously. they're going to wait. and this really could affect some people's votes.

actually went through it the states where you can go back and change early vote. there was people that do that. >> it's a thing. >> it's not everywhere you can't do that across the whole country but specifically for this reason because as much as you want to grant people ability to vote early you're sort of losing those days to make that decision and change your mind which you're entitled to do. >> all right ronica it's crazy. >> eight days left. >> klepzing breath. >> you're looking through for scope. some say he's doing this as political motivation and swaying election or they would say he is swaying election by not bringing it up. did he violate the hatch act we'll talk about that later. >> so you hear from donald trump and josh ernest and here's hillary clinton.

hillary clinton has nobody but her steevl blame she has nobody to blame but herself. >> donald trump season out there stoking fear. disgracing our democracy. insulting one group of americans after another. >> so there you have it. what are the legal of fbi saying a look at hillary clinton's emails and look ahead criminal defense attorney and legal comment tater looking what the is going on and what's been a strange election season. scott, how are you. >> good afternoon, everyone, thank four having me. >> absolutely. any big surprises that strike you in your position right now coming out today? >> everything has been a surprise for the last three for four days. listen, you know, the argument

blame because how they handled emails but the fact of the matter the letter written toll us nothing it raised more questions than answers and i'm not surprised they got the warmth and i'm not surprised they are using super technology to go through the emails and remember this is separate investigation and they're not looking at her server they completed that these are not her emails per se or at least not to her for someone and frankly her investigation i'm because all they're doing it looking to see if there's anything there. >> well that investigation you know at the same time we heard them say these could be emails they already looked at. we don't even know. and you know, that is another issue there. so they're putting all these people to look at it and try to look at emails. do you think it will get done before the election. >> it certainly will not. there's thousands and thousands of emails and comey violate the d oj guide lipsz ready and

officials and now what do we do. if he finds something or doesn't find anything does he come back to the public week before or three days before election all say there's nothing there or a ha moment you're breaking tradition as well as guide lips set form and that letter has triggered all of this and that's a problem. you cannot really clean it up now. and you know mr. come is a bright, inde respected is law enforcement officer but he's just made a terrible mistake and put us in a bit of a tail spin in an already rocky political season. >> did loretta lynch drop the ball when she said at the outset i'm going to trust james comey with this investigation. should she have deferred to someone else or did the right thing by saying it's in comey's right to make the decision. >> normally hindsight is "20/20" i've been 0 years in

delegate to sally yaits for example head of criminal division of doj and say comey report it here andal sally i'm putting this in your bailiwick and in that circumstance sally could have told him one not to the do a press conference in july and not send that letter and loretta lynch would have been covered and so would jim comey. that's not what happened here and it's too much independence. this is not good for doj or fbi or country right now. >> it's all about the optics. we're running short on time but there's a whole lot more we can talk to you about. so thanks for joining us tonight. >> thank you happy bat there's a lot to talk about. >> he keeps going we'll see tomorrow what comes up. >> and of course we're in the

>> ashley former president of rock the vote is here to join us tonight. ashley, a lot of people told us here that these candidates have done nothing to reach out to jupinger voters. which is a constituency you're familiar with. are young voters do you think they make up bulk of undecided group. >> not bulk of undecided group this are 93 million millennials in the kupt rip and have potential to have large eggest voting brock if the what you've seen in this campaign is young people looking for different outsider candidate that perhaps can up spire hope and optimism about future of country where most young people are as you look attitudes. at the end of the day so much time on campaign has been talking about non issues really personality and character flaws and emails and sexual assault

which are jobs, economy, education, student loan debt, police brutality. criminal justice reform. there's so many things this den ration cares about and wants to see change and i believe if the candidates and media spent more time he had indicating young people about where the candidates stood on these issues you would see a clear sgripcy between their positions and young people would have been inspired to show up. >> that makes me do you see younger voters coming disengaged and perhaps not going to go vote at all? >> it's something i'm worried about. "new york times" today released overview of where early voting stand and shows young people are participating at lower rates than they did in 201 in early vote process which is not super encouraging but all of us involved making sure that we're

cannot change the system from outside it has to come within we need everything to show up and get voice heard. >> no matter from what party it again rates interest. >> it's not just about the presidential race. there's thousands of candidate hop on down. >> we appreciate you voyping us. >> thank you for having me. >> we'll see you soon. >> it may continue to be heating up on the campaign trail as does every day. the weather department too. >> sue palka at 11:00 if you deposit see stranger things. >> no doubt every day a new series and netflix wants to take the lex collection and make a trauma out of it. >> kids are getting areed to trick or treat. it's chilly out there jim and sarah. places in the 40s. and kid will need extra layers.

you heard jim mention it will be warming up. it's not tonight and not tomorrow we'll be on the cool side tomorrow at 6 or mix of clouds and sun upper 70s in the forecast wednesday and thursday and we may be close to break another record on thursday as we head to upper owe 70s. that's your trick or treat forecast. happy halloween i'll send it back to sarah and jim now. >> i we want to hear from you. treatise >> keep it coming we're back after this you're watching

>> no more superman. >> kids come here waet a minute happening on a second i'm working here. >> looks like you're hard at work. >> here we go. >> i'll get with you in a minute about the election. it's very important. we're catching ghost out here. we'll show you the graveyard here. we have a couple things we wanted to show you. pumpkins are here. we have bum kins and "fox5" tombstone. very festive. we love that. this is what we wanted to talk about all right? florida. remember immortgage at words deplore darks florida, florida. went back in the mix and clear

and the reason is this. florida was a state going back and forth today and trump has been riding boost he's gotten from the clinton email story and also trump had a good week. there's no new scandal and nothing told himself to which had attacks against clinton. florida may be in the mix again. what does this mean? a moment where there is a heart trump at this point. doesn't mean he will get there and way too many things at this point look like they have to happen in order for that the happen. with florida up for grabs donald trump got a boost this weekend and not just in his psyche and not just how followers feel. >> so you mentioned florida

what are some of the other states we're looking at that he needs to take he might be close in doing so to make it to 270. >> and this is one of those things you don't need to be a political scientist to see what they think is important. they feel if they can get into the states like michigan, ohio, pennsylvania, interestingly enough they may have this ability to floor dar in the south is area that republicans thought think had an early edge and before trump emerged they lost that momentum and they seem to be getting it back now they have a lot more hope tonight than they did a week ago. >> fit, thank you very much. >> you know election is terrifying which makes it perfect for halloween inspiration. >> back with political costumes

>> they're helping us out. >> love it. >> is this what people demapped right now. >> it's just kind of app easy cheap do it yourself costume you grow out of the costume the next year all these boxes you can get 2 the stuff we use to make boxes it's arts and craft stores and this i mean is beautiful. a lot of work on this one here. >> stylish. >> two you do this for people? put together costumes for people. >> every halloween we say hey

and these are actually made by lady in market and hr. shout out to them they did a great job. >> this is worst nightmare. this is fantastic though. >> we give her credit for doing this. >> and people in boxes offic >> two. >> thank you very much. >> we can not have halloween

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>> o. you know no matter who you support there's universal love for all americans, candy. >> of course if you have trouble choosing a candidate to support you you can choose based on what canny you like best. we appreciate you coming on.

>> it's a project we did with all the themes candy continues and custom candy filter on each candidate. right now we wanted to showcase. >> this is cut only design we did and inside are sourced rite from atlantic city design. it's nice. did you design these? >> we wanted to pair the popular brands and we thought -- >> that's good gummy bears by the way. >> i'm already on it. cap date are similar and that's why we decided to carry that.

for you. >> and it was our best seller and we wanted to pair it look sam said because we felt there was so much junk by candidate and repeat it through media sirkle. we wanted to party for that. >> what was party for bernie sanders. >> right here. >> up stayed of -- i've been eating non stop. >> okay. though? >> those are national treasures and these are banner butter cups amazing. >> my favorite are banner butter cups and. >> before we go to work we find you. >> candidate canny.com. >> all the information is on the screen for you. we'll eat those now. we have to get going.

at 10 and 11. candidate candy these guys we appreciate it.

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announcer: today on "tmz" -- harvey: ok. [laughter] ok, folks! out-of-control party at diddy's. >> so diddedy's son hosted a halloween party. it's the craziest thing i have ever seen. people started rushing into the gates. the security pepper sprays all of them. harvey: i hate to say it but what a bunch of losers. go party yourself. hottest party on the weekend. harvey: why? >> everybody goes to these parties. >> bow wow was there. >> don't mention bow wow. >> mariah carey, big issues with the nasty breakup with james packer. harvey: she wants $50 million. >> how can you get that? you weren't married. harvey: something bad happened on the boat in greece. >> right. harvey: the reality is, they each have stories about each other.