quickly as i can. hang on. >> i will be the greatest president that god ever created. >> there you go. i will get some and we'll give them away on air. thanks for being with us. see you back here tomorrow. ♪ hello, welcome back. i'm brit hume and this is "on the record." hillary clinton continues to sow doubt about fbi director comby. the white house says the president views him as a man of integrity. national polling shows hillary clinton down and 3.1 in a two-way. the betting odds which favored her 5 to 1 just days ago now only favor her 3 to 1. some battleground states have showing tightening race as well but with trump facing uphill and only plausible path than days ago. proximate result more we turn to scott jennings political analysis for the bush 43 white house. scott, as we look at the states and electoral map, what states should would he be paying particularly close attention to. >> the most important state right now is north carolina.

it was a romney state. there is a tough path for trump if he doesn't win the entire romney coalition. trump has been leading in the polling in north carolina. in the early voting there shows some clinton strength although republicans say it may be overstated because african-american turnout is lower in north carolina than it was in 2012. >> just to be clear. romney would be as i recall 206 electoral votes you need 270, 271 to win. if he lost north carolina, he would be set back even further and having to make that up elsewhere. so, assuming he wins north carolina, what else -- what are his most hopeful blocks? we are looking at the map now, i see florida there is in light whether you. you see ohio there i guess in yellow. that's the toss-up. what do you say about those states. >> florida and ohio are plus flips for trump. >> you say flips. these are obama states he has got to win. >> yeah from obama to trump. >> or get them combined. florida is 29. >> yeah and then ohio has

something a little less than that iowa looks good for trump right now in the early voting. and then you have got to start looking at other smaller states, colorado, he spent some time there. nevada, although people say the nevada early voting looks good for clinton right now. and then you are getting out into the fringe blue states. you are looking at places like michigan, wisconsin, new mexico. >> the states you ticked off before you mentioned those last couple are all states he would need to win but they wouldn't quite get him to 270, correct? >> that's right. if he doesn't win north carolina, he would have to basically pull an inside flush draw at the world series of poker while eating a ham sandwich. it would be a long shot to pull it he would have to win a series of blue states that republicans in some cases haven't won in quite some time. new mexico is on that list which we haven't won in 2004. pennsylvania might be on the list which we haven't won since 88. north carolina 15 electoral votes are really important. if you combine holding that with flipping florida and ohio you are in the game. lose any of those three and

it's a long road. >> that's where we have to look. now, as we look at the national polling, it does show a shrinking lead for hillary clinton. anything we should be on the lookout for? any particular poll that interests you, you think, would be important? >> national tracking polls are tightening. some of them it's because republicans are coming home. the question about the fbi director news is what's the impact going to be? we won't know for another couple of days so all the samples were post friday. however, if all it does is convince reluctant republicans to come home to get trump. convinces even a few independents to back away from clinton. tied race. >> looking at abc, "the washington post." tracking poll means that the sample is gathered over several days and you get a new sample each day. average them out. so, if trump is down to 1 point behind, that would suggest that the last couple of days have been good for

him. the reason why you can't go by it too strong a sample on a single day. >> that's why we have to look at thursday and friday look at tracking samples. what he needs is base consolidation. he has been living in the high 70's, around 08% for much of the race. if he gets it to 90 plus. that is going to cause a tight e national tracking. we may not ever pick this up in the stated-by state polls because many won't have a full done until elections day. >> looking at ibd poll which had a good record the last time out it is likewise down to one point. mitt romney as i recall scott got 9% of republicans. certainly trump would need to get something like that because even though he may turn some democrats, i assume your thought is that he would -- that he would need to turn an awful lot of democrats if he doesn't get a full complement of republicans? >> he does need a lot of democrats. we do see a few democrats in the rust belt coming towards trump. we are losing college

educated conservative leaners in other places. trump needs to get over 90% of republicans. do better among independents than romney. and then he needs some depression among some traditionally strong democratic constituencies. there is a little bit of evidence that african-americans aren't voting at the same rate as they did in 2012. there is other evidence that hispanics are voting at a higher rate. so, the clinton campaign tonight is probably hoping that higher hispanic turnout may offset what they are losing among african-americans in places like north carolina. >> so in some you would say from the trump point of view possible but tough? >> possible. he needs florida, ohio, and north carolina to come his way. that definitely puts him in the game. losing any of those three and it's a long road. >> thanks very much scott as always. >> it wasn't long ago that democrats were praising the integrity and judgment of fbi director james comby. that changed abruptly on friday and the assault continued today with hillary clinton herself joining in as she campaigned in ohio. fox news correspondent jennifer griffin on

clinton's campaign bus in cincinnati. hi, jennifer, on the bus, huh? >> it's quite the halloween shot, brit. we are on the bus. we just finished here in ohio. and hillary clinton has been on the attack against the fbi director since she landed in ohio today she told her voters not to get distracted. >> i'm sure a lot of you may be asking what this new email story is about. and why in the world the fbi would decide to jump in to an election with no evidence of any wrongdoing with just days to go? that's a good question. >> huma abedin whose emails are at the center of the new investigation was not traveling with secretary clinton today. she has been off the campaign trail since saturday. minority leader senator harry reid attacked the fbi director james comey who he had praised three months earlier when he decided not to pursue charges against clinton, quote: i am writing to inform you that

my office has determined that these actions may violate the hatch act which bars fbi officials from using their official authority to influence an election is through your partisan actions you may have broken the law. the white house took a different tact today and defended the fbi director. >> the president doesn't believe that director comey is intentionally trying to influence the outcome of an election. the president doesn't believe that he is secretly strategizing to benefit one candidate or one political party. >> and, brit, fox news has confirmed tonight that the fbi has been investigating trump former campaign manager paul manafort for his relationship to russia and that there are two other campaign officials who may also be part of that investigation. campaign manager robbie mook had a conference call tonight with brian fall lodge, another spokesman for hillary clinton, accusing the fbi director of a double

standard, suggesting that when he decided not to attach the fbi's name to the intelligence community's assessment that russia was interfering in the u.s. election, that he was doing so to try and not influence the u.s. election when, in fact, he may be doing so now. back to you. >> jennifer, just one quick question. is there any indication that the fbi now includes donald trump himself inquiry into his aides or former aide's dealings with russia? >> that is nothing that we have been able to confirm at this point. that's not something i have heard. what i have heard is that three members of his campaign or former members are a part of that investigation. back to you, brit. >> okay. jennifer, thanks very much. well, you just heard hillary clinton today. and that's the same sort of to be she struck when she first addressed the fbi investigation friday night. listen. >> we heard these rumors. we don't know what to believe. i'm sure there will be even more rumors. that's why it is incumbent upon the fbi to tell us what they are talking about,

jeff. because right now, you're guess is as good as mine. and i don't think that's good enough. >> instead of that, what if she had said something like this. i fully understand what director comey did and the need to inform congress. i will cooperate any way can i and look forward to a speedy resolution of the matter. how would that have played? our nightly political panel is here. byron york, chief political correspondent of "the washington examiner" and bill kristol editor of "the weekly standard." suppose she said that instead of what you heard her say friday. >> i think it would have been statesman like and effective except that the clintons have had some success in the past attacking those who are investigating them attacking their motives and character. we saw with ken starr and jennifer flowers and monica lewenski. >> you think that was effective or do you think it ended up did it really help? >> well,. >> it might have damaged those people but did it help? >> well, from their point of

view bill clinton finished term with high approval rating and his wife became senator of new york and secretary of state. slightly leading in the race for presidency of the united states. they think it worked. but i would say this, that is a strategy they use when they don't have a a strategy of saying nothing wrong. everything in ken starr's report. pretty much everything monica lewenski said and everything jennifer flowers said and paula jones said was true. that's why they attacked because they had no choice. i have got to say personally, looking at it. not knowing more than anybody else what the fbi has or doesn't have. when you see hillary clinton responding that way you think whoa, where there is smoke maybe there is fire. >> expectation to basic way she has handled this case. if the original decide to have a separate server to avoid disclosure. the second big disclosure deciding on her own she and her lawyers decided what to hanged over. these 33 auto males i have decided they are personal i'm not going to hand them over and i'm going to enforce that decision by destroying everything.

so coming out and pledging cooperation now just doesn't work. >> i know, it doesn't comport with what seems to be her and her husband's natural instincts. i get that completely. i'm saying looking at it completely terms, what if a statement like that, soft statement like that and acting confident that all will be well, what would -- seems to me might have let some of the air out of the tire. >> there would have been more politics, no doubt about that. i'm not sure that she could have corralled everybody. i think bill was right, they look at having gone to war in the late 1990s is they won. you know, we went from rather mild criticism of comey to pretty much is he a nicotine stain tobacco criticism, that's a reference to what they called ken starr back in the 1990s. went there in 24 hours. harry reid basically accused him of being a criminal. >> i think trump needs to get republican votes to win. clinton needs to get

democrats enthused or keep them enthused. >> or worried. >> or worried. or feeling that she is the object of a partisan attack by long-time republican. totally outrageous. you know what? i wasn't crazy with hillary clinton and had my issues with her. >> how does that look in light of the -- everybody who is watching fox news tonight and many other outlets will find that all these glowing things that were previously said about james comey. >> it looks bad. her biggser problem now is so far for the first time in the campaign and this could be changing as we speak, donald trump has not stepped on this. he has not gotten in the way of this. >> speaking of what we are just talking about. let's watch a little bit of what was said at an earlier time by some of these same democrats about james comey. >> the fbi under the leadership of comey carried out a thorough investigation of this case, no one can question the integrity, the competence of director comby. >> this is a great man. we are very privileged to in

our country to have him be the director of the fbi. >> there was an extensive, as you know, bret, investigation by the fbi under the direction of a wonderful and tough career public servant, jim comey. somebody with the highest standards of integrity. >> that was then as they say and this is now. so, the attack, isn't that undermined by such statements. >> it's worked for them in the past and come back to this. they are very worried that there are x number of democrats, 5% in the country pretty loyal democrats. they really don't like and don't approve of hillary clinton. they are worried about her ethics. and she needs to somehow gin them up. if they think hillary clinton made a mild statement, i will just stay home. they are more worried about democrats staying home at this point than republicans and independents? they are making an effort to get former justice department officials, former

judges to criticize this. they have managed to get some republicans al enter toe gonzalez, larry thompson. >> michael mukasey. >> he didn't have any praise for her. is he a former attorney general under bush 43. >> saying this was improper of comey to do this. so that's the substance side of this campaign that they have undertaken against comey. >> byron, bill, don't go away. donald trump as you might expect has sought to use the new clinton email revelation to his ad vantage out on the campaign trail. earlier today trump held a rally in warren, michigan. that is where we find fox news campaign carl cameron. hello, carl. >> hi, brit. trump has been talk policy in order to give voters a reason to support him. he has been going very hard on the renewed fbi investigation. today he took it to a whole new step, suggesting that in his words, if hillary clinton is elected, there could be a, quote, constitutional crisis. the inference being impeachment. listen to this. >> if hillary is elected,

she would be under protracted criminal investigation likely followed by the trial of a sitting president. >> now, it is the case that trump now is quite fond of the work that fbi director james comey has done in the last week or. so but for several preceding weeks, he was blasting the justice department and the fbi as part of the, quote, corrupt rigged system. that's changed. this was donald trump today. >> i was not his fan. i will tell you what. what he did, he brought back his reputation. he brought it back. he has got to hang tough because there is a lot of people want him to do the wrong thing what he did was the right thing trump has been campaigning very hard two. campaign events tomorrow another state michigan where he has been trailing. tomorrow he goes to wisconsin. this in recognition he may have seen a big turn in the polls and potentially in the

battleground states now can expand the map and try again to try to hold down hillary clinton although they recognize in the last 8 days there is a lot of work to do. and increasingly less time. brit? >> carl, thanks very much. today fox news learned from intelligence source that emails to or from hillary clinton herself showed you on that laptop computer belonging to hillary clinton's aide's estranged husband anthony weiner. catherine, what do we know about that. >> first stage of the review was done by fbi agencies in new york on computer. this is met da te'o data. address on the letter. it tells you the to and from. >> possibly the subject. >> possibly the subject but nothinnothing about the context. >> you don't read the emails. top line or top lines. >> the preliminary data, if you will. the basic data. like a letter, the address to, who it is from and then maybe a sung they were able

to critical down on that. and that's when they kept getting positive hits for email server, clinton server, email.com address. what they were able to do is take a program so they can take this huge universe of data. >> we understand it is hundreds of thousands of emails. >> "wall street journal" reported 650,000 records. we were not steered away from that record. tens of thousands of records. the reason that makes sense huma abedin in her deposition with judicial watch earlier this year secretary of defense i never delete records. i have no records banishment system. can i understand that on a personal level. i'm not the best of it either. she says i never delete everything. i keep everything on the computer so i can go back. >> how does it end up on anthony weiner's computer. >> bret was able to get information from a source close to weiner's legal team that said they believe that in an effort to back up her contacts onto the computer in case she lost her smart phone it took everything. it took the emails as well. and the interesting thing is

that it's not a complete record. and it seems to cover this period when huma abedin was at the state department but then secretary clinton, of course, is the critical period here. >> so, what's the next step? so they -- >> -- good question. >> they have got to start reading emails. >> they have a warrant that allows them now to read the contents that's inside the letters. the headers that they saw. the process is not a simple process. right now taking that pool of data and they are narrowing it down to sort of a small group. but then they have to who doo what's called eyes on. physically read the emails and they have to determine what's new and what's a partial. it may well be some emails are partial. partial was handed over to the state department but part of it was not like when you forward an email or when you respond in some way. and if there is intelligence or what they think is intelligence they have to farm it out to the different agencies involved. >> to see if it is classified. >> as you well know the agency who gets the information has final say on

classification. that's not down to the bureau. >> that does not something that sounds like it's going to happen in a matter of weeks but months. >> justice department says they are throwing everything at it they can but the time line is tight. and there are tens of thousands of records. and even with their big brains at the fbi. it's going to be very tough. >> all right, catherine, thank you very much. >> you're welcome. >> did fbi director james comey break the law when he alerted congress about that fbi investigation into hillary clinton's private email server? that's next. also, donna brazile is out at cnn. before she left, she helped hillary clinton out a bit. we'll look at that coming up as well.

almost no one seems particularly happy about the events of last friday with the most prominent complaint being that proper procedures for the handling of a criminal investigation were ignored. some, principally democratic senator harry reid have claimed that fbi director comey himself may have violated the law by writing that letter to congress did he? for answers we turn to my old friend professor jonathan turley from law jon. >> we are talking about hatch act that prohibits government workers from engaging in politics. does this apply in this case and this fbi director. >> no. i think it's pretty absurd. first of all, people are talking about the hatch act as if it's a criminal law. it's not a criminal law. more importantly. >> not a criminal law. what does that mean. >> is he not going to be criminally charge people under the act. you can go to investigation. you can be disciplined. but for a case like this,

this type of violation it wouldn't be charged criminally. is he not even in violation of the civil violations of the hatch act. the hatch act was designed for federal employees to stay out of elections using their influence on the outcome of elections. nobody suggesting that director comey has a favor here and is trying to influence the election. >> some democrats are exactly suggesting that. that's what harry reid suggested. >> i think that's pretty clearly. there is no evidence of intent under the hatch act. that's not even in the realm of possibility. what director comey did here. you can criticize in terms of his timing and his decision but he wasn't trying to influence elections. he had told congress he would inform them of developments and did he. >> that gets to the other question which is whether, indeed, for him to write this letter and to send it to capitol hill knowing that you might as well announce it from the rooftops of washington to accepted it up there. that it was immediately going to become public whether there was in fact

improper 11 days ahead of the election and did he really he's suggested kind of have to do this? >> i think there is fair criticism directed towards director comey that historically they have avoided major decisions, major actions or inindictments before election. it's not that it hasn't happened before. in 1992 you had the indictment of casper wineberger days before the election. >> casper wineberg err just in case anybody doesn't remember was the former secretary of defense under ronald reagan. he was some way close, the suggestion was mr. bush, george h.w. bush was then president may have had some guilty knowledge of some of the actions alleged in the indictment. he had been previously indicted if i'm not mistaken, the case had been dropped and this came up a few days before the election and a lot of people thought it was bad news all the way around. >> and others celebrated it ultimately george bush lost the election. >> right. but in between he pardoned casper weinberger which is a footnote. >> the department of justice

has a policy to try to avoid these issues. it's not a vow of silence. it's a balancing decision that they make. comey, you might decide, made the wrong decision but he probably made it for the best motivations. comey's view was i could be accused either of commission or omission violations if i don't tell people that there is an ongoing investigation, i could be accused later of withholding information from the public and from congress. if i tell them, i could be viewed as using the investigation politically. is he tweent horns of a dilemma. ma. what he chose to do was to release very little. just to simply say there is an ongoing investigation here in fulfilling his promise to congress. you know, we can debate this and i think history will be the guide. this was already an investigation that was already part of the campaign. part of the election. i think comey looked at this and said, you know, the email scandal is one the top issues today. >> jonathan turley, always good to have him on.

new evidence from the wikileaks email dump. more media collusion with the campaign. did john podesta hack there's only one egg that just tastes better. fresher. more flavorful. delicious. only one egg with better nutrition- like more vitamins d, e, and omega 3s. and 25% less saturated fat. only one egg good enough for my family. because why have ordinary when you can have the best. eggland's best. the only egg that gives you so much more: better taste. better nutrition. better eggs.

newly released wikileaks emails show hillary clinton was tipped off to cnn primary debate question by donna brazile at the time. she was a cnn contributor and now she is dnc chair of the democratic committee. this isn't the first time

she has helped out the clinton campaign. fox correspondent ed henry has the story. >> when hillary clinton was preparing for cnn-hosted debate in flynt, michigan with primary rival bernie sanders i- >> we have to focus on what must be done to help the people of flint. >> clinton got to phone a friend or at least got a helpful little email from donna brazile. then a cnn contributor and now interim chair of the dnc. a new dump from wikileaks today shows brazil was caught again hands out cnn's playbook to team clinton in advance. in an email the night before the marquee bait, brazil told john podesta that clinton would get a question from someone personally impacted from the flynt water crisis saying, quote, her family has lead poison and she will ask what, if anything, will hillary do as president to help the people of flint. and then at the cnn debate, clinton got this question. >> after my family, the city of flint, and the children in d.c. were poisoned by lead -- >> joined today on the trail

by the fiery basketball coach bobby knight, donna trump ripped into brazil. >> she should be fired by the dnc. by the way, could you imagine if i did that? bobby, what would happen to me if i did that? the electric chair, i think. the electric chair. if i did that, can you imagine? >> trump was referring to what is now a litany of evidence of coziness between brazil and the clinton camp while she was at cnn. in a previous wikileaks release, brazil was accused of handing out another question to the clinton carp ahead of a cnn town hall. from time to time i get the questions in advance brazil wrote to podesta. in the body of the email was a long question about the death penalty that brazil was concerned about. ended up getting asked of clinton basically word for word. even though brazil tried to deny to fox news that cnn ever gave her access to the questions. >> how did you get that question, dhoon? >> well, kelly, since i play straight up and i will play straight up with you, i did

not receive any questions from cnn. >> cnn itself blamed its partner in the town hall tv 1 for sharing that death penalty queery. but the clinton debate was hosted by cnn exclusively. so today the network issued a new statement saying brazil resigned from her role as contributor back on october 14th. it went on to say cnn never gave brazil access to any questions. we are completely uncomfortable what we have learned about her interactions with the clinton campaign while she was a cnn contributor. >> meanwhile fox news has learned that billionaire sheldon allegedson has committed a 25-million-dollar super pac controlled by the rickey family hitting hillary clinton with corruption ads. this may help republicans down ballot. big money republicans who doubted trump are betting big that these revelations pile up, maybe he can actually win but we should also point out money is not everything, brit, as you know better than anyone. jeb bush and other candidates tens of millions of dollars. >> trump had a lot of money

didn't spend much of it and won anyway. >> so is letting donna brazile go at cnn enough to resolve the matter? let's ask joe who covers the media from the hill newspaper. what do you think? >> what do you think? i think that we need to explain this a little bit, brit. as far as donna brazile's role at cnn at the time as a contributor. she was not a moderator for any of these debates or town halls. not involved in the debate prep in any capacity that means that somebody within cnn, within that organization had to feed her a willful conduit that information those questions that then went to the clinton campaign. as ed pointed out in his package, the subject header she had on email from podesta from time to time. that means not singular. that means on several occasions this happened. so cnn and i called for this a couple weeks ago. i'm going to do it again, needs to absolutely conduct an internal investigation by

an outside firm to see where this cancer exists. and it wouldn't be hard to do, brit, because here's the thing. probably those questions were within a room and you have moderated debates before. debate prep team research, producers, probably someone from that area sent it along to brazil who then gave it to the clinton campaign. cnn is a proud organization. been around for 36 years. a lot of good journalists there they don't deserve to be painted with this broad brush. unless they do internal investigation, integrity is going to be a big problem for that network unless they show they are taking this seriously. >> joe, do you think this says anything about the practice that's now common on all the cable news channels and perhaps some other news organizations as well is having as part of your sort of stable of talking heads people who are not journalists who are reel really only tangentially associated with your news organization and who may have partisan purposes, partisan attachments and so on and they are kind in your

midst all the time is this impart wha in part what that is all about. >> you are begging for a conflict of interest whether you have donna brazile in this instance on your payroll. remember, she wasn't head of the dnc at the time. she was number two. she was vice chair. and only when debbie wasserman schultz had to resign at the end of july during the dnc after it was exposed working against the bernie sanders campaign brazil took over. when you are thinking about it, should she have ever been on the air in the first place where she could be compromised, where she had access to three people pass along to the clinton campaign. obviously she was rooting for that campaign to win based on the emails we are seeing. i would hope that in the future, brit, when we look back in this campaign and all the media malfeasance that we have seen that we really as any cable network, whether it be cnn, fox, msnbc, it doesn't matter. we have a lot of good reporters out there. tons of pundits. we don't need to hire people

from the dnc or rnc to act as pundits because we are only asking for trouble. >> yeah. i think that goes to a certain point here. that is that there are people who have partisan leanings who appear on these channels. she was in particularly unusual category in that she was a senior official, though not the chairperson, not the chair, but she was a very senior official at the dnc at the same time that she was being paid by news organization. i think, you know, that is sort of a self-evident conflict of interest that might be easier to avoid than if you just decided that you weren't going to have anybody with partisan ideas under your roof. >> absolutely, brit. speaking of partisan, even when josh earnest was asked today, set white house spokesman, obviously, when he was asked a question about this and what do you think about donna brazile passing along debate questions to hillary clinton on several occasions, he then went to bowe bergdahl susan rice route where he said and i quote she is a person of integrity. a person of high character. a true professional. so even here, brit, with overwhelming evidence, showing that somebody

engaged in some serious wrongdoing, we can't even have the white house say this was wrong and we condemn it and it hurts the process. it's why the media is so distrusted. it's why government is to distrusted when even partisanship takes over in these situations where earnst couldn't just say you know what? this was wrong and we condemn it. not even there key say that donna brazile who is a very nice person, don't get me wrong is, a person of high integrity? we are completely lost at this point if we are saying that in these situations. >> joe, thanks very much. >> thank you, brit. >> it turns out that the way john poo destaps email account was not as high tech as you might have imagined. indeed, it might have been his own faulted. fox news chief legal correspondent shannon bream has that story. >> if you have a g mail account, chances are you have gotten an email about suspicious activity. someone trying to log in from unknown device or attempting to change your password. fbi director james comey had this to say about g mail security setup while testifying on the hill.

>> i'm not looking to pick on g mail their security is actually pretty good. the weakness is in the individual users. >> that may include clinton campaign chairman john podesta who, according to materials released as part of the wikileaks dump received email on march 19th telling him, quote: someone just used your password to try to sign in to your google account. google stopped this sign in attempt. you should change your password immediately. the email stated that the attempt was made in ukraine and it included a link for podesta to change his password. that email was then forwarded to podesta's chief of staff who sent it along to the campaign's it team. their response? quote: this is a legitimate email. john needs to change his password immediately and ensure the authentication is turned. he can go to this link to do both it is absolutely imperative that this is done a. sap. if you or he has any questions please reach out to me. it seems podesta rather than

using the fresh link sent to him by the it team instead kicked on the one in the bogus email opening the door to his personal email account and he is not mincing words about who he thinks is responsible. >> the russians and the u.s. senior members of the u.s. government confirmed have been hacking in to democratic accounts and now they have hacked into my account. >> that bogus email to podesta is dated march 19th. and all the material we have seen in from the wikileaks releases seems to stop right around that time. begging the question whether podesta or the team realized he had actually been hacked relatively quickly after it happened and took further precautions. brit? >> shannon, thank you. if you are going trick-or-treating or even just dressing up tonight and you live anywhere near a college you better watch.

now it's time for a special halloween edition of campus craziness. the student government at boston college has circulated a campus wide dress with respect email

that warned students avoid what it considers offensive halloween costumes. campus reform news which publishes news publishes emails online. to take someone's culture and belittle it is doe grading and hurtful. the emails specifically tells students to avoid dressing up as gay shut, mexicans. one advises against any form of cultural appropriation it does allow students to dress up as quote food that we love such as burritos, tacos and chipotle. some halls in indiana university are posters titled is your campu costume racist. identify racism in their costumes. the poster poses various costumes does it have ethnic term in costume title? also asks students to identify if their costume includes native american headdress, black face, or purr burqa. indiana university refused to comment on that story. at the university of texas,

it seems it's offensive to dress up as a cowboy. the university has issued a 17 point checklist on offensive halloween costumes and urges students to avoid any outfit that could be considered cultural appropriation. it advises students to seek guidance from experts such as community leaders or the faculty. the document lists 11 categories of harmful party themes cowboys and indians, south of the border. guideline and noted that the university has been criticized in the past for not punishing students for wearing costumes considered offensive by some. finally if it doesn't involve halloween the student government at vermont passed fly a black lives matter flag on campus. the website campus reform which covers news copied the document online. formally endorse the black lives matter movement. quote in support of solidarity with all black

people only 3% of student middle bury is black. the college did not respond to fox news for comment. if you have a campus craziness story let us know, let us knows at campus craziness at foxnews.com. we would certainly appreciate hearing from you. hillary clinton new emails found by the fbi won't change the trajectory of the election. election. is that just a pipe why do protein drinks taste chalky? election. is that just a pipe then get worse? introducing protein shots from 5-hour energy. protein shots from 5-hour energy are smooth and tasty,

fest test. test. energy. great taste. 100 calories. 21 grams of protein.

>> i'm sure a lot of you may be asking what this new email story is all about and why in the world the fbi would decide to jump in to an election with no evidence of any wrongdoing with just days to go. i have to give the fbi credit. that was so bad what happened originally and it took guts for director comey

to make the move that he made in light of the opposition that he had trying to protect her from criminal prosecution. you know that. >> well, just over a week to go until election day how will the fbi email case effect the race? our nightly political badge is back byron york cleve correspondent of "the weekly standard." byron, what do you think. >> we haven't had enough time to see in any polls. we haven't had enough time. we will know later. i think it's pretty clear that the race was tightening before comey came out and made his -- sent his letter on friday. if you go back to around the time of the last debate. the last debate was october 19th. hillary clinton had about a 7 point lead, real clear politics average of polls, now it's less than half that maybe 3. maybe 2.8. somewhere like that. >> average real clear politics average is under three as of tonight.

>> exactly. so, i went back and looked at a period in -- i thought well, what are the times where trump has really come up in the polls? there was a period in june and july that he came up 7 points. but it took him 40 days to do it. so it seemed almost an impossible task on the 19th of october when she had the 7 point lead it doesn't seem impossible now. >> yeah, i think trump -- i don't know that he quite win by just letting the damage happen very gradually to hillary clinton, assuming that nothing -- comey doesn't release anything in the next week. i guess if i were advising the trump campaign not my usual mode by why not. he has to do something to make himself a little more acceptable to the very nervous about trump swing voters. i said this actually a few weeks ago with you. i still think a one term pledge would make a difference for trump in the way it wouldn't for anyone else. you want 8 more years of this real sleaze in the white house. we had it already. you don't want it back again. you have concerns about me. let me say this. one term. i'm going to appoint a attorney general who is

totally respected bipartisan judicial type or maybe a democrat who i don't know. i will never interfere with the work of that attorney general. >> suppose he just did that? >> you could do or three or four versions of this. things trump could say i mean, look, still have problems with donald trump. i think a certain number of swing voters you know what? that clinton -- we don't want the clintons back. maybe trump is going to be better than we thought. who is the most bipartisanly respected joe lieberman, retired democratic senator. he has endorsed clinton but i want somebody like joe lieberman attorney general. never do fundraisers in my four years. only four years or eight years. i'm going to go to washington to fix, this to drain the swamp and i'm not going to behave like the clintons behaved when they were in the white house. >> what is he doing now. he is not going to do that. what he is being now is mostly issue oriented in his speeches if you look at the speeches in colorado yesterday. >> he has been on these news worthy episodes where

attacking somebody that is he not running against. >> he hasn't made a big problem for himself in the past sometimes he has gotten in the way of bad news for hillary clinton by creating bigger bad news for himself. and but he did say something in colorado yesterday. he said i have no doubt that hillary clinton and the democrats are going to use -- they are going to do something to distract from this in the next nine days. and i think the translation of that was they are going to dump some big opo on me in the next few days and i think we do have to assume that the comey thing is not the last surprise we have had in this race. so i wouldn't be surprise surprised if democrats might drop something big i have no idea what it would be in the last week. >> i don't think the comey surprise is not over yet. we will learn more about what was in those emails. >> everybody will be excited about that. byron and bill, thank you both. coming up i have been compared to a lot of things in mean tweets but not by someone you boost it's about moving forward

not back. it's looking up not down. it's feeling up thinking up living up. it's being in motion... in body in spirit in the now. boost. it's not just nutrition, it's intelligent nutrition. with 26 vitamins and minerals and 10 grams of protein. all in 3 delicious flavors. it's choosing to go in one direction... up. boost. be up for it.

bp gives its offshore teams 24/7 support from onshore experts, so we have extra sets of eyes on our wells every day. because safety is never being satisfied. and always working to be better.

time now to hear some of the feedback i have been getting from you the viewers. by thplease keep the feedback

coming. we'll really do like hearing from you. tweet me @ brit hume or email "on the record" at fox news doatfoxnews.com. michael mukasey. and in the meantime we leave you as always with our political quote of the day which comes from the late author and critic george orwell who said and this was some 70 years ago mind you. quote in our age there is no such thing as keeping out of politics. all issues are political issues and politics itself a mass of lies, evasions and schizophrenia. that was 70 years ago. just 8 days full election coverage. we will be back here tomorrow at 7:00 eastern. we hope you will, too. don't forget the factor is up next. good night.

welcome to "red eye." hello, everyone i'm tom shillue. let's check in with tv's andy levey at the "red eye" tease deck. andy? >> people are changing their tune about james comey thanks to anthony wiener's surprise appearance in this year's presidential election. and this can mean only one thing. seven more days until the purge. plus could an nfl franchise relocate to england? why the jaguars could be the london jaguars. and who would win in a match? a vaughny man -- scrawny man