open this up to judge andrew napolitano. here we are noon hour eastern time on monday before the election. eight days out, judge. give us an idea what it looks like inside of the fbi now. they have this warrant to go over thousands of emails, what are they doing right now? >> so i spent the weekend and as did catherine, some of our colleagues receive information variety of law enforcement and intelligence community sources. when that information is corroborated with, we go with it but when it contradicts we investigate further. i have a pretty good idea as does catherine whose work is superb as you know, i have a pretty good idea what is going on. the search warrant authorizing the fbi to get into and actually read emails was not signed until last night. the application to induce the judge to sign the search warrant did not mention hillary clinton t mentioned huma abedin. so the way for them to get into the laptop beyond anthony weiner's emails, he gave them the laptop, consented to them reading his textings and other things

sandra: we will ask our #oneluckyguy, the perfect guy for today, judge andrew napolitano.ughter] he is outnumbered and already laughing. harris: he's very happy to be here. jon: he always gives away his presence on the couch. harris: we love it. jon: all right. thank you both. jenna: we're learning more about the end to a violent manhunt for a murder suspect. michael vance jr. was apparently camping out, and even though he ran before police could capture him, he was killed after a car chase and a fierce gun battle with oklahoma highway patrol troopers. vance has been on the run since october 23rd when police say he killed two of his relatives and shot and wounded two police officers. ♪ ♪ jenna: we've had nine justices serving on the supreme court for nearly 150 years, but now senator ted cruz is suggesting not filling the vacancy left by justice scalia. in fact, he says there is precedent for eight justices or even fewer on the bench at the highest court in the land. shannon bream live at the supreme court with that. shannon? >> reporter: hi, jon. well, of course, the supr

judge andrew napolitano. he out numbers us with that joy. >> loving it. thank you very much for having me. harris: welcome. >> thank you. happy to be here. harris: good to have you. donald trump has five events in florida today where in person early voting is on. hillary clinton appears to be shifting her focus to electing other democrats t may be a preview of things to come. democratic nominee over the weekend in north carolina and pennsylvania made an aggressive push to unseat incumbent republican senators. seeking to tie them to some of donald trump's most controversial remarks. here's that. >> unlike her opponent, deborah has never been afraid to stand up to donald trump. [shouting] because she knows he is wrong for north carolina, wrong for america. i think it's pretty clear when you look at katie's opponent. he still refuses to stand up to donald trump. harris: meanwhile trump campaign manager kellyanne conway insists the race is heating up. she says the media are making a mistake counting donald trump out. >> the fact is, that this race is not over

judge andrew napolitano in for kennedy. you can follow the great kennedy at -- have a great weekend. good night. >> this show has never been solely about investments. we talked about anything that affected people and their money. the new "wall street week." anthony: welcome to "wall street week." i'm anthony scaramucci. liz: i'm liz claman. the 016 presidential election has hit the home stretch with the candidate squaring off in the most watched debate in history. anthony: joining us is former ubs banking president robert wolf. he served on three economic councils for the administration. monday the economy was the major focus. let's take a quick listen to what donald trump said. >> we have the worst revival an economy since the great depression. and believe me we arin a bubble. the only they can that looks good is the stock market. but if you raise interest rates even a little bit, that will come crashing crown. we are in a big, fat ugly bubble. anthony: mr. trump suggesting we are in a bubble. do you think we are in a bubb

i'm judge andrew napolitano in for kennedy tonight.ave characterized former secretary of state hillary clinton as a crook, and as the queen of deception, argued enough credible evidence in the public domain to indict, prosecute and convict her of espionage, perjury, misleading congress, public corruption, providing material assistance to terrorist organizations and obstruction of justice. i can point fivtimes when she lied under oath. i know fbi agents who believe their hands were tied by the obama administration and the criminal investigation of her, and i know of american intelligence agents who firmly believe that americans died because clinton failed to keep state secrets secure. she refused to use government secured e-mail devices because she wanted to keep her behavior hidden from the public and the president. refused to see foreign dignitaries until they gave money to her family foundation. by american and foreign arms dealers, she permitted the sale of arms to groups in libya that were masquerading as anti-gadhafi militias but

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and here is judge andrew napolitano. incredible violation this is. >> it's actually a violation of the law for yahoo to do that. you are yahoo's customers, some of them are intentional, some are accidental. some may not be a customer but answering an email from someone who is. kennedy: they give you a privacy agreement. most people don't read it. but i'm sure it doesn't say we are giving your email to the federal government. >> what is surprising is what yahoo failed to do is what apple did. we are not going to work for you and create software for you. we are going to challenge this in court. if a federal judge after hearing the challenge orders yahoo to cross this material up. then yahoo must tell their customers because they have a right to file their own challenge. it blithely gave the feds what they wanted, and it didn't tell it own customers what it's doing. number 3, this is being revealed on the eve of verizon acquiring yahoo the value of which i dare say has gone down radically. who wants to be a customer of yaho

andrew napolitano in new york. thanks. martha has more. d, former deputy secretary to bill clinton. supporter of hillary clinton. you listened to judge napolitano. those are serious charges. your reaction? >> my first reaction as lawyer i would like to see the underlying communications chairman chaffetz used to reach this conclusion. most of what we have now, i apologize, i believe they just, is that released while i've been in the chair here? i don't know. if i were to look at them i would want to substantiate what the chairman of that committee has said. what we've got so far is his opinion. now i think it's pretty transparent when chairman chaffetz of utah withdrew his support for donald trump, he was sending a shot across the bow of the republican party's presidential nominee and what i believe now taking off my lawyer hat and thinking about this politically, i believe chairman chaffetz is trying to make it up to donald trump and republican somehow by bringing back an issue the fbi put to rest when comey testify. this is kind of an old

i want to take up with judge andrew napolitano. first, this exchange. >> his tax returns showed he went through a very difficult time, but he used the tax code the way it's supposed to be yesterday did it brilliantly. he has created a business is worth williams of dollars. neil: for one thing, donald trump's business survives today. when he was on the verge of bankruptcy, he wouldn't be around. that is not the point. the point is whether anything illegal is being done. all things legal, andrew napolitano. what do you think? >> well, i haven't seen his tax returns in order to respond definitively a have to look at the 20 years of tax returns for 1995-2005. however, it appears on the snippets we saw it in the analysis by "the new york times" that what he did was perfectly appropriate and consistent with the 70,000 page tax code. i'm now including as well. that was designed for people like him to accumulate all of his losses in one year and spread them out against income in the preceding years. there's nothing unusual or untoward abou

judge andrew napolitano joining us on the phone. judge, donald trump saying this is criminal, illegal conduct what is happening with the clinton e-mail what do you say? >> we don't know that. i don't blame trump for trying to exploit it. because it is explosive. it comes almost literally in the 11th hour. all we know is that well is some evidence this fbi found somewhere on one of the devised either belonging or use by anthony weiner or his wife, it does pertain to national security. we know that the fact that comey's letter of sent not only to chairs of judiciary committee but chairs of intelligence committee as well. i suspect from the people with whom i've spoken and our colleagues that have reported on air, the fbi is not sure what had is from looking at it, they are not sure the gravity of it, there are three levels of state secret. confidential, secret and top-secret, and 5 subcategories, in the middle level. secret and upper level top-secret. the fbi probably needs to take the time to confer with their colleagues and intellig

and judge andrew napolitano, and congressman joining me now. >> we don't know what is going on with thegation. but we understand that the fbi is building platforms that would allow them to examine 650,000 e-mails, looking for select terms. they are looking for two things, go huma lie to the fbi expurcand under oath in a deposition. when she said she surrendered all of her e-mails to the government. and are there classified e-mails in there, if there are classified material did they come from mrs. clinton. is this search going to be resolved by election day, no. a portion, it could be. but i doubt that fbi wants to run into the headwinds that it ran into friday by giving a progress report. they are not supposed to give progress reports, they are to complete their investigation, and pass material on justice department. if you ask if we'll learn anything new before election day, i doubt it. liz: an intelligence. >> highest caliber, law enforcement. liz: he said there is a prob bill tie -- prob bill tie that some of the e-mails from come out from weiner or abedin's devices could be some of

and fox news certifyory andrew napolitano is here with us. hillary clinton and donald trump campaigning in the critical state. clinton will announce credit plan and trump regain ground after this weekend's release of the 2005 leaked video tape showing him making sexually aggressive comments toward women. hillary clinton leading in the double digits among likely voters and this is, of course, after that taped was release. joining me right now real clear politics, cofounder and publisher tom, good to see you, thanks so much for joining us. >> you bet. maria: the poll numbers seeing an impact conducted after the video tape has released. has the tape truly changed this race, tom? >> well, look. a poll is a snapshot in time. it was taken saturday and sunday, right at the height of the frenzy and before the debate. we will have to see what happens -- what sort of data we get after the debate. certainly during that period of time it looks like the tape hurt donald trump and probably pretty significantly. hillary clinton was able to double lead with

judge andrew napolitano is one of the best examples. >> fred ryman. mr.: we would want to look at the prior rulings. we want to make sure they are constitutional. i think your question did not go far enough, because it is not simply about approving justices we believe will rule constitutionally. we have justices and judges that are ruling from the bench in such a way that they are creating new law. the senate should be working with the house frankly to impeach and remove justices going far beyond the bounds of what they should be doing. i can give you several examples. an eminent domain lawsuit where the courts basically substituted public benefits for public use. in determining whether property could be condemned and given to another individual. south dakota versus elizabeth dole on issues of denial of funds. again. we need to remove those that are not ruling according to the constitution. >> roy blunt. senator blunt: i think the next president will have an opportunity to reshape the court that you probably will not see happen for two or three presidenci

"fox news" judicial analyst andrew napolitano. judge, welcome back. very good to have you on a monday. this seems so fishy. >> it does. i don't know of any law that was broken but there was certainly the appearance of impropriety. kennedy: is not something you would think another 2% via the i come that deputy director of the fbi would want to avoid? >> lawyers are required to avoid the appearance of impropriety. what appears to be conflict whether a national conflict are not. that appears to be a comfortable to manage the public's respect for the whole system or the part of the system is involved with and why for heaven sakes would he be running a clinton investigation when clinton's closest political social and financial friend has given this kind of money to his wife? it smells of corruption. he may have made what he thought were the right decisions. i don't think he did that he knows more about the clinton investigation from the f. the ice point of view than i do. he may have made the right decisions their progress and look good. doesn't bring conf

judge andrew napolitano. he out numbers us with that joy. >> loving it.for having me. harris: welcome. >> thank you.

i'm judge andrew napolitano in for kennedy tonight. secretary of state hillary clinton as a

now, fox news senior judicial analyst and "new york times" west-selling author, hello, judge andrew napolitanoood to see you. what's the name of the book? >> i had a couple that were best-sellers. i think the one they're talking about is called "suicide pact." >> just wanted to give you a little promo. there are three here accusing him directly, one who is a rape victim whose attacker hillary defended. >> the three that are accusing him directly are cases that were never proved or were alleged many, many years after the series of events. the only case in which bill clinton paid out any money was after the case was dismissed because they feared it would be reinstated and he would have to go through -- he was sitting president at the time -- more testimony and a trial. >> a settlement to me sounds like a nuisance settlement. he paid 855,000 and a lot of it was legal fees. only 200 went to her. that's what do you to get rid of these matters when you're president of the united states. we don't know that these are true, we don't know that they're not true. >> we know that they all had serious probl

judge andrew napolitano in for kennedy. you can follow the great kennedy at -- >> i have to fight the anchor. let me tell you. we're in such a rigged system. it is terrible. what is going on in this country is so sad. but it will change. remember, november 8th. november 8th. >> et will change. that from a trump rally just this afternoon in bedford, new hampshire where trump showed off his new attack against hillary clinton. the line, follow the money. and we have the perfect guest tonight to do just that. congressman marshall blackburn demand the fbi open a public corruption investigation into the clinton foundation. she joins us here later in the broadcast. a lot of news to cover tonight, including a congressional grilling for the ceo ofel far fargo, john stumpf. >> an institution is making $22 billion a year. who is paying for it? don't come tell me you're sorry. >> we're taking care of every one of our customers who has been impacted. >> impacted is not a good word for a ceo of a bank that is inasmuch trouble as wells fa

judge andrew napolitano is our judicial analyst. >> there are 100 investigators who worked on the investigation. hardworking men and women in the field who gathered evidence and interviewed witnesses and shipped this data up to senior management like mr. mccabe and are furious about the decision not to prosecute her. they were denied the right tools, no grand jury, no subpoenas, no search warrants. they are the ones who are leaking information to undermine the decision not to prosecute to demonstrate that it was not professionally made, that it was made for political reasons. >> what if the fact that the guy mccabe wasn't running the e-mail investigation at the time that his wife was running for office and got the donation from mccallive. >> the appearance of impropriety is where to a layperson it looks like it's fishy, looks like something smells. how can this guy be the number two person in the justice department when the person providing the money to his wife is himself being investigated by the fbi. >> this guy is the second in charge at the fbi chblt and when he has an interest in that mon

judice andrew napolitano. this is a trump truism or untruth?> this is something that's been blown greatly out of proportion. it started out with a simple phone call from a colleague in the justice department to a former colleague in the clinton campaign saying, by the way, there's a status conference tomorrow in one of the freedom of information act cases. that is the type of call lawyers make all the time as a courtesy to the people involved in the case. the justice department was defending the state department and the freedom of information act cases. what's a status conference? it's where lawyers get together and look at their iphones and blackberries and figure out how much time do we need for this and whether we're ready for that. nothing substantive is done. correct, correct. >> from that, people have said aha -- >> aha. >> the justice department tipping off the clinton campaign on the fbi e-mail investigation. not so. >> this ordinary professional courtesy. don't forget there's a status conference meeting at the end of the week. it was n

stuart: in our first hour between 9:00 and 10:00 this morning judge andrew napolitano appeared. dled on this particular issue. the issue of bribery, with brokaw and as donald trump says felony corruption. do you have a different point of view? judge napolitano: pretty harsh language, the word bribery, soft pedaling, the fbi says it wasn't bribery. and if you offer a thing of value. and and that is a textbook definition of an offer of a bribe. and and that value of the influence. >> it out to have been subpoenaed. the vote was in free weeks. nothing will -- >> there are a couple reasons for that. and and addressing criminal behavior. people above the fold. stuart: it was the media. the media got hold of watergate and drove richard nixon from office. it was the media which is suppressing the story, not giving the public what it should have and would allow hillary clinton -- >> what -- judge napolitano: where we are, we have run against the grain because we are an outlet for those who reject the prevailing orthodoxy, how many colleagues have discussed this? stuart: i don't mean to b

judge andrew napolitano. the subject it just keeps giving.there supposed me information on most computers which have been subpoenaed for court evidence. >> my first book of the subtitle is what happens in the government breaks its own laws. this is an example of the government breaking its own laws. whoever in the doj, department of justice authorized fbi agents to destroy these laptops, knowing that the contents had been subpoenaed by house committees come in knowing the contents of the subject of federal litigation freedom of information act litigation destroyed evidence and broke the law and committed a criminal act. the question is why. why and how do we know about it. stuart: all get to that in a second. his own fbi which he rents destroyed evidence. >> i don't know how he can justify this. first of all this could not have been done by the fbi without significant involvement by the doj. secondly she didn't get immunity. she got an agreement not to use the contents of the laptop in a prosecution against her. she could still be prosecuted

. >> i would look to someone like judge andrew napolitano who is a staunch defender of your economic freedom and personal liberties and i would look to someone who would really believe in the constitution and what it stands for. for far too long the supreme court supposedly defenders of the constitution have sided with the state and to me examples to list your for the moment rights have been violated by both the nsa, government. we need someone who is really going to not just plays lip service to these things, but stand up for your rights work so, those are the types of people i would look for and it's a rare quality. judge andrew napolitano is one of the best examples. >> fred ryman. >> obviously and looking to confirm justices we look at their prior rulings. we want to make sure their constitutional and i think your question maybe did not go far enough because it's not simply about approving justices that we believe will rule constitutionally. we have justices and judges that are reeling from the bench in such a way that they are creating new law. the senate should be working with

let's bring in judge andrew napolitano. in a nutshell, judge, what we have is there was a closed investigation, with a tech nick which closed or note the fbi director came to the decision to file no charges. then they got new information. now it's sort of re-opened. beyond that what do we have here. >> it's just too underscore what ed henry told us, it's extremely unlikely this would be resolved to the satisfaction of law enforcement before election day. remember, no grand jury was ever conveneed in clinton investigation. would be nearly impossible to convene one now and present sufficient evidence to it to get it to do something, eher to indict somebody or to agree there's insufficient evidence to indict anyone. so, what i see in all this, from the pipe with whom i have spoken and all this is buttressed by the great and last-minute and up to the minute information that ed just shared with all of us is that the fbi does not know the classified status of this just from looking at it, and it needs to share it with members of

trish: i want to go judicial analysts judge andrew napolitano to the reaction of the fbi. .ish: wow, judge! >> certainly comes out of the blue as congressman chaffetz said when he got the letter. the research we've been able to do and the intel we've been able to gather in the past hour, trish, seems to be the following. apparently in an unrelated case because they had actually shut down on july 5, the investigation of mrs. clinton, so in an unrelated case, fbi agents came across evidence of the transfer of classified materials either to mrs. clinton or from mrs. clinton, and they felt duty bound to present this to direct or comey, notwithstanding the fact that he ordered the original investigation shut down and defended that order many times, including under oath before congress. whatever director comey saw caused him to look at them and say you know what? we've got to dig a little deeper does. this mean the criminal investigation on hillary clinton has been reopened? not necessarily. does it mean a grand jury is going to be convened and asked to look at this? not necessari

written by judge andrew napolitano.uff with you say the fbi investigation of hillary clinton was never going to go anywhere. was in fact sideways. judge napolitano: sideways is the phrase used by the person in charge of her investigation but he had a story in the fbi on the new york field office and the philadelphia field office, ran the washington dc field office, head of the national security branch about a strategic position as an fbi agent, risen through the ranks. he quit the investigation, resigned from the fbi, characterized the investigation as sideways was what does sideways mean in law enforcement? going nowhere by design. why did he come to that conclusion? fbi senior management and department of justice was not allowed to present any evidence to the grand jury. most people think the justice department and the fbi can subpoena things from you. they cannot. they have to present evidence to a grand jury and the grand jury issued a subpoena. without a grand jury there is no subpoena. without a grand jury a feder

judge andrew napolitano is here. and sheila bair is with us.i want to get your take on what went down on wells fargo and the sales processes in general. amid new claims the mainstream media bias rigging him in the election against the campaign. without the unending one-sided assault trump would be beating hillary by 15 points. >> and the timing of these unsubstantiated claims that have come forward all of which he has categorically denied. >> i think by all accounts of losing the debates that he is making wild claims about the election being raped. maria: ed, good to see you. i want to ask about the media and whether or not donald trump is fading this up hail batter scale. -- uphill battle here. do you agree with the claims about being raped with the media ? >> the media has always have a bias towards democrats since i've been in the game. he have great advantages in the primary and obviously the media has turned on him. that's why you've other alternatives of the campaign. if your own ability to go out and communicate. what do you guys think a

all rise, judge andrew napolitano is here. think i've got the basic chain reaction accurate here. >> i think you do as well. stuart: is it corruption of the if fbi? >> well, it certainly appears to be corruption. if you ask me if a federal statute is violated, i can't think of a federal statue was violated. does it appear fair that the person supervising the day-to-day investigation of mrs. clinton is the spouse of a person who has received a half million dollars from hillary and bill's closest friend. how close is terry mccauliffe to hillary and bill. when they left the white house, dead broke she says. terry mccauliffe gives them the mortgage to get their mansion in chappaqua. >> how key is andrew mccabe, whose wife dr. mccabe was the unsuccessful candidate for the virginia state senate who received over 500,000 from terry mccauliffe. how close is andrew mccabe to protecting the clintons. when the congress sought a private secret meeting with a fbi agent to explain what the heck happened between patrick kennedy and another f

judge andrew napolitano is one of the best examples. ryman.ant to look would at the prior rulings. but i think your question did not go far enough. it's not simply about approving ruleces we believe will constitutionally. we have justices and judges that are ruling from the bench in such a way that they are creating new law. the senate should be working with the house frankly to impeach and remove justices going far beyond the bounds of what they should be doing. i can give you several examples. an eminent domain lawsuit where the courts basically substituted public benefits for public use. versus elizabeth bennett, issues on denial of funds. again. we need to remove those that are not ruling according to the constitution. >> roy blunt. senator blunt: i think the next president will have an opportunity to reshape the court we probably will not see for the two or three presidencies. i suspect them of the three vacancies, the good before. one of the things voters ought to be thinking about is who is going to be nominating judges to the court and

. >> i would look to someone like judge andrew napolitano who is a staunch defender of your economic freedom and personal liberty. look at someone who would believe in the constitution where it stands for. for far too long the supreme court supposedly the defenders of the constitution have cited with -- your fourth amendment rights have been violated by the nsa and the government. we need somebody who is really going to not just plays lip service to these things and stand up for your rights. those are the types of people i would look for and it's a rare quality so you would have to look but judge andrew napolitano is one of the best. >> obviously and looking to confirm justices we look at their prior rulings. we want to make sure they are constitutional but frankly i think the question may be didn't go far enough. it's not simply about approving justices that we believe will constitutionally. we have justices and judges that are ruling from the bench in such a way that they are creating new law. the senate should be working with the house frankly to impeach and remove justices that a

judge andrew napolitano is here. is it a quid pro quo? pro quo. it obviously was rejected by the fbi, so here's what happened. patrick kennedy, when he was a high ranking official in the state department, asked the fbi to change the classification on documents. now, docking unit classification -- document classifications are often changed. the difference can be subjective, but they're changed so that a broader array of people that need to see them who don't have the security clearances can see them. they can't be changed after they're subpoenaed and after their evidence in a criminal case. that's called obstruction of justice, tampering with evidence and, in this case, an offer of bribery. so the fbi interviewed its own agent who had the conversation with patrick kennedy, and that agent relayed to interviewers, his colleagues, what deputy secretary of state kennedy said to him. and that's the report that was released on friday. this is not wikileaks. stuart: no. it's the fbi, disgruntled guys. >> yes. this is fbi agents who worked on the

fox senior judicial analyst, judge andrew napolitano.ned timing and everything else from the fbi but it is what it is. now what happens? >> fbi pursuant to a search warrant it received from a federal judge in new york, going through the 600,000 emails through the huma abedin/anthony weiner laptop. what federal crimes could be involved? could there be stored emails that mrs.:and their team said destroyed and couldn't retrieve. could there be classified materials, top secret or crime to put them in there. that is huma abedin's crimes, not hillary clinton's crime. neil: right. >> but i've been critical of director comey because it is unlawful for the fbi, for any law enforcement, by the way, to give a progress report during the investigation which is basically what he did yesterday. nothing wrong with the fbi doing its job. they had every right to go to a federal judge where there may be a treasure trove here. we're looking for child porn on anthony weiner's laptop and we think there may be classified national security materials. neil: woul

judge andrew napolitano, did the "new york times" break the law?, the "new york times" did not break the pt break the law, but someone did. a tax return once filed is the property of the government. and it has the highest degree of protection of any category of documents. so somebody broke the law by getting this partial return into the "new york times." but once in the hands of a professional media person or organization, if the material in the document is material to the public interest like the pentagon papers or the snowden expose hiewrs, or donald trump's tax returns, then the publication of the contents of the document are protected. i understand the trump campaign's frustration, but the law is not on their side. melissa: the "new york times" wants to have it both ways. when you think back to the emails related to climate gate, they said they thought they were protected documents. >> they were the defendants in the pentagon papers case. in 1974 the supreme court saying if it's material to the public interest it doesn't matter how the publishe

bill: andrew napolitano right there. how do we understand this legally? what he means when he says special prosecutor. if he means a special prosecutor to reinvestigate hillary clinton, the question becomes, can the justice department reopen a case it already closed? answer, yes, that would violate internal justice department regulations but would not violate the law. he would not need a special prosecutor for that. he could have his own attorney general reopen the investigation and assign a new team of people to sam -- examine the evidence and look at it differently if he is president. if he is talking about a special prosecutor to investigate the investigation, that is a very serious and substantive suggestion because the investigation was so flawed, it failed to utilize so many tools available to the fbi and it ignored a mountain of evidence of mrs. clinton's guilt, everyone, even democrats want to know why. bill: you have been a big critic of that? >> yes, i have. bill: have not backed down. your opinion clearly has not changed? >> no. the evidence of

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judge andrew napolitano with me, from new hampshire former governor john sununu, former white house chiefauthor of the book, the quiet man. first the legal side of this with the judge. you believe the fbi director was wrong? >> i do. bill: why? >> i believe, and it is odd company for me but i agree with attorney general holder. it is absolutely unprecedented to give a progress report on a criminal investigation. it is prohibited by the department of justice regulations. it is prohibited by fbi regulations. it is prohibited by legal ethics and violates due process. what are the regulations? the regulation say you keep quiet about the progress of an investigation. you report your evidence to the justice department. the justice department decides what to do with it. the regulations also say, you do not make a public announcement about a person, about a criminal investigation of a person whose name is on the ballot within 60 days of election day unless it is necessary to save life. bill: that is what the law says? >> yes. bill: maybe the evidence is so overwhelming he could not ignore this. >

special treatment or attention to friends of bill clinton after the haiti earthquake, judge andrew napolitanoth the details. judge napolitano: it is relatively new, not the worst thing the state department did but during and right after the haiti earthquake the clinton foundation claimed it was providing assistance to people in haiti. whether it it is a matter of great dispute. the medications they distributed, whether they got fda approval is a matter of great dispute but what is not disputed is the state department let these people in without going through ordinary customers procedures in haiti because of exemptions the secretary of state is allowed to grant and grant those exemptions, friends, colleagues, workers were her husband. not sure this is a horrible thing, life and death of people in the streets injured by the terrible infrastructure in haiti which was assaulted by the earthquake but another example of when you dealt with the clinton state department you couldn't tell if you were dealing with the state department to the clinton foundation. stuart: that was not right at all. anothe

former new hampshire governor john sununu, and author of the quiet man and the judge, andrew napolitanopolitical. start with the legal, judge. is this against the law? >> no, this is not against the law. under virginia law, governor mcauliffe can make contributions of that magnitude from a variety of entities to dr. mccabe's wife. dr. mccabe's failed senate campaign a year ago. under the law, andrew mccabe as number two person in the fbi can supervise the investigation of mrs. clinton. but there is the appearance of impropriety. there is the appearance he was aware of the relationship of terry mcauliffe to the clintons. governor sununu can speak to that. that relationship is well-documented, it is political, personal and financial. and that makes it look like his decisions would be colored by his wishes to please people behind the person who gave this money to his wife. that is it in a nutshell. bill: what should have done? >> he should have excused himself from the case, because as a lawyer he has duty to avoid, quote, the appearance of impropriety and appearance of impropriety here is

congressman is with us, former georgia congressman kingston is here, ed rollins is here and andrew napolitano. donald trump presidential campaign communications adviser jason miller with us this morning. big show ahead. do stay with us. the election is now 8 days away and nominees are slugging it out to final minute. donald trump heads to michigan. washington post tracking polls that clinton is 1-point ahead of donald trump in a four-way matchup. the fbi refuse -- refocused attention on emails. weiner is the estrange husband to clinton top aide huma abidin. >> the fbi has found, you're not going to believe this one, this just happened, another 650,000 emails. this is the single biggest scandal since watergate. >> i just have no way of understanding these actions. they're completely unprecedented. >> i think the justice department has had a long tradition of noninterfering with election coming 11 days before the election and as i said yesterday, it was short on facts. >> we were very surprised by this letter and what we are asking at this point is the director comey get all of the information

judge andrew napolitano here on that.s last hour to discuss his effort to save christians in the middle east. roll tape. >> it's disheartening that even through the republican congress, we've been unable but especially through the obama administration i might add to get through legislation that specifically addresses a genocide, a mass slaughter of christians that is going on in the middle east. my bill would basically say that in five of the countries where this slaughter is the worst that when it comes to any refugee status or immigration status that the christians who have been targeted might add muslims sect those people who have targr genocide get preferential treatment to come here under a visa or refugee status. safety doesn't come in a box. it's not a banner that goes on a wall. it's not something you do now and then. or when it's convenient. it's using state-of-the-art simulators to better prepare for any situation. it's giving offshore teams onshore support. and it's empowering anyone to stop a job if somethioes

here to discuss, fox news annist judge andrew napolitano.re and they're dripping them out between now and the election. >> i think that's a farrah analysis, steve. this is pretty inoffensive. no new crimes here. i think wikileaks is saving the heavier stuff for later on in the campaign closer to election day. >> here's one of them. jennifer palm erie who was a communications director for hillary clinton's campaign. working at the white house. she e-mailed this. philippe and nick, didn't condi use a nongovernment account? if so, i think nick has standing to go back to push new york times. it's not correct to say that nick did not provide a reason for why she did not have a government account. his quote states the reason. >> what's going on there, it's early on in the discovery by "the new york times," which broke the story. we were very close. >> about the illegal e-mail server. >> correct. not account. server. people are confusing, hillary herself did during the debate. she mentioned server >> a lot of us have private accounts. i don't know

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drink a judge andrew napolitano is here. follow this sort of the way through.r the other day and says this appears to be the author of a bribe and that statement that you and i discussed using the word ride sort of makes its way around her community. more information has come to us. the most important is the human being referred to in that e-mail as redact it. that is the fbi agent that pat kennedy called up on the phone. it was he, not secretary kennedy who suggested he didn't use the word quid pro quo. he calls up and said i made a deal. funny i need a deal, too. what kennedy suggested was not amenable to the fbi. i don't think it was bribery but i do think it was a serious problem and an unlawful act in this respect because of the timing. if this conversation had occurred before the e-mail in question had been unit, received, collect it and characterized as evidence, it would've been an ordinary conversation between two agencies trying to decide what level of security that the document occurred. because it occurred after document and sabina had been received

>> let's acts our senior judicial analyst, judge andrew napolitano. >> good morning, guys.en if the bribe is not accepted. it's obviously not the crime of bribery it's the crime of offering the bribe or attempted bribe. a quid pro pro is a trade. i'll give you this tie for that tie. the quid for the quo. the offer, the tradeoff was, if you can take this document and reduce its classification from top secret to secret or from secret to confidential or from confidential to unclassified, we will provide more opportunities for fbi agents to do their work in the middle east. an area where they're generally prohibited from working. >> tell me if i have this right. the reason why this is so important is that hillary clinton told everyone she never had classified information coming in or out on her server. now, if she is found to have classified information on her server, labelled like that, she would look like a liar and irresponsible. >> yes. she very carefully parsed words almost as precisely as her husband did back in the sexual investigations. she said, i have neither sent nor