. >> we need you to re-elect and elect strong republica d.c. and in the state house. we need to make sure that nancy pelosi doesn't get anywhere near that speaker's gavel. >> however, recent polling now shows that the e-mail scandal may not be as critical as some may think. in fact, some 63% of voters now say that the recent news makes no difference regarding their vote to support clinton. 34% say it is less likely to impact their vote. >> and new early vote tallies candidates, with over 21 million votes that have already been cast, the democrats are outpacing republicans in key swing states like colorado, north carolina, and ohio. top dems in places like florida, arizona, and pennsylvania. >> now, to some overnight breaking news. the intense manhunt for the suspected wanted in a double murd in oklahoma is over. michael vanls was killed last night. a county s one of the exchanges. the local fire department says his injuries are nonlife threatening. vance had been on the run since october 23rd when he shot two officers before stealing their cop car. he then shot anothe

if hillary clinton is elected president, the republica mig decide, year who is a lot y a a lot re liral. in the court of appeals f the d.c. circuit a the republicans do a lot worse. >> the power might be with mitch mcconnl to bring i the senate. >> he is the one who has to decide. >> fountai democrats win the senate there might be a calculation that hillary clinton cod appoint somebody more liberal? >> whato you make of the fact th have t and taken a vote on it yet? >> i think it's very ptiol. >> i think secretary clinton has said that too. >> i think that's right. but particularly not giving him a vote. you could disagree or agree that he ought to be confirmed. i frankly share with ted, he ought to beonfirmed butn'ink yo reasonabe shodn be given a vote. that is a senatos responsibility. >> can i ask about guns? a leaked audio at clinton fund-raiser. she said the supreme court is wrong on the second amendment and i'm going to make that case every chance i get so we will need your help on that. was that was autheller decision. shsaid the supreme court is hen wrong on the second amendment? ted? >> well, i don't know exactl