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Kelly File

Priebus: Clinton was selling her time as secretary of state; Clinton's health a legitimate campaign issue?

This is a rush transcript from "The Kelly File," August 23, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight. New headaches for the Clinton campaign as a stunning report from the Associated Press raises questions about her time at the State Department, about her family's foundation and about whether special access to Secretary Clinton was being sold to the highest bidders.

Welcome to "The Kelly File," everyone, I'm Megyn Kelly. Just hours ago, the AP released an investigative report saying the majority of people who met with then-Secretary Clinton outside of government officials were folks who had given money to the Clinton Foundation. And it was not chump change.  Combined, they or their businesses contributed as much as $156 bucks. The Clinton campaign is slamming the AP's report as, quote, "utterly flawed."

But this comes on the heels of another report showing Mrs. Clinton's top aide, Huma Abedin. Giving preferential treatment to donors at the specific request of the Clinton Foundation. And just one day after her rival, Donald Trump, demanded a full-fledged investigation into this.  

(BEGIN VIDEO CLIP)

DONALD TRUMP, R-PRESIDENTIAL NOMINEE: The amounts involved, the favors done, and the significant number of times it was done, require an expedited investigation by a special prosecutor, immediately, immediately, immediately.  

(END VIDEO CLIP)

KELLY: In moments, we'll be joined by Republican National Committee Chairman Reince Priebus to hear what he was calling for.

Plus, we'll speak with nationally recognized law professor Jonathan Turley about whether this meets the standard for a special prosecutor.

But we begin with Trace Gallagher who is at our breaking news desk to walk us through these new details. Trace?  

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, the Associated Press tried to get these documents three years ago but ran into a series of delays and eventually had to sue the State Department in Federal Court. After finally receiving calendars and schedules during Hillary Clinton's time as Secretary of State, the AP focused only on meeting she had with people not associated with the U.S. or foreign governments. And here's what they found.

Of the 154 people from private interests who met or had phone conversations with then-Secretary Clinton, 85 of them gave to the Clinton Foundation for a combined total of $156 million. At least 40 of those people donated more than 100,000 each. Twenty of them gave more than a million. There doesn't appear to be anything illegal about the donations, but as many point out, it certainly propagates the idea that getting a one-on-one with the Secretary of State was going to cost you. The Clinton campaign calls the AP numbers outrageous saying, quote, "The story relies on utterly flawed data. It cherry-picked a limited subset of Secretary Clinton schedule to give a distorted portrayal of how often she crossed paths with individuals connected to charitable donations to the Clinton Foundation."

Bill Clinton says, if his wife wins, he would step down from the foundation and that it would no longer accept money from foreign groups or U.S. companies. But the Trump campaign says the pledge is simply exploiting a corporate loop-hole and would not affect donations to smaller charities tied to the Clintons. Here is VP nominee Mike Pence.  

(BEGIN VIDEO CLIP)

GOV. MIKE PENCE, R-IND., VICE PRESIDENTIAL NOMINEE: They're essentially saying to their foreign donors that they can make a down payment on Clinton access in the next administration between now and Election Day. And the American people are not having any of it.  

(END VIDEO CLIP)

GALLAGHER: Experts point out that 6,000 donors have already given the Clinton Foundation some $2 billion, which, if she is elected, could lead to future potential conflicts -- Megyn.  

KELLY: Trace, thank you.  

Joining us now with more, Reince Priebus, chairman of the Republican National Committee. Mr. Chairman, good of you to be here tonight.

REINCE PRIEBUS, CHAIRMAN, REPUBLICAN NATIONAL COMMITTEE: Thank you, Megyn.

KELLY: Your thoughts on whether indeed it is time for a special prosecutor in this case and your proposal for getting around a clearly reluctant Justice Department which would be needed to have one.  

PRIEBUS: Well, clearly the DOJ can't investigate itself. The FBI already recommended an investigation of corruption in the Clinton Foundation. They declined to do it. Look, she's selling her time. She was selling her time as secretary of state. So the question for the --

KELLY: It's our time. It's our time. She was on the clock for us.  

PRIEBUS: Right. That's right. I mean, so the question for the court is, and you're a lawyer is, is it legal to sell time as a secretary based on the size of a donation to a private foundation controlled by that Secretary of State? That's what she was doing. And it's very clear that she was selling her time.  

KELLY: But you say it's very clear. Correct me -- there is an inference of it. There isn't the smoking gun. There is the Huma Abedin e-mail to the Crown Prince of Bahrain, you know, about him saying, all right, she accepts an invitation from the Clinton Foundation head to get that guy a meeting. She's like, okay, I'll take care, I got it. Right? Like I got it.   

PRIEBUS: Right.  

KELLY: But there's no, their point is, look, she met with a lot of people.  Some happened to have had dealings with the Clinton Foundation.

PRIEBUS: Right.

KELLY: And to suggest that that's untoward or pay for play is unsupported.  

PRIEBUS: Well, I mean, you have to put the pieces together. Look, it took them three years to get these e-mails out there in the public. And everything points to the fact that she had people like brand and Huma Abedin, they were working as go-betweens, Huma was employed by both the Clinton Foundation and the State Department.

KELLY: Uh-hm.

PRIEBUS: They took anywhere from $21 million to $65 million from countries in the Middle East who have horrible records against women and gays and everyone else in between. She set up -- they helped an owner of a soccer team that helped on a visa, so he gave money to the Clinton Foundation to take care of the visa problem. I would say you have a pretty good advocate for a visa problem if you could get the year of the secretary of state to take care of your problems.  

KELLY: So, to your point, this is an abuse of power. It was corrupt and an abuse of the power with which she was imbued. That she used it now to help the United State, so the American people, but she used it to help herself, to help her foundation.

PRIEBUS: She used it to help herself. And they were lining their own pockets the whole way through. Then, following up and giving speeches for hundreds of thousands of dollars. What's also interesting is, look, now Bill Clinton is saying, well, if Hillary Clinton becomes president we'll going to step down from the Clinton Foundation. Well, how is that much different than being Secretary of State? I mean, not to mention the fact that they were using a private, secret server to conduct the business that she is now -- that she tried to hide from us in -- in regard to all of this information. Let alone giving away state secrets.  

KELLY: Of course. But the question is whether it's going to matter to the voters. Because look, Hillary Clinton's problems with the e-mails and even with the Clinton Foundation have, to some extent, been outed already in the public. And yet still we've seen a race, Mr. Chairman, in which Donald Trump is not succeeding right now. That, you know, the Real Clear Politics average of all polls has him down 5.5 points to her. Missouri poll came out today that shows them neck and neck.

Mitt Romney won that state by almost ten points. Donald Trump is down there in Texas today. What's he doing in Texas? States like Texas and Georgia, those are red states. His critics say he is playing defense in all of these states where he needs to be playing offense and she has got the better ground game. To all of that, you say what?

PRIEBUS: So, let me try to unwrap all of that real quick.

KELLY: Yes.

PRIEBUS: Number one, he is in Texas because he is raising money just like Hillary Clinton is in California raising money. She was in Cape Cod raising money. She was, you know, obviously you have to go at times to fund-raise in places like Dallas and Houston.  

KELLY: Got it.  

PRIEBUS: Southern California. And that's what they're doing. As far as the polling is concerned, there was also polls that showed that Donald Trump was ahead in Iowa, he is ahead in Nevada. Yes. He has got to be consistent. And I think they know that. I think that, if he continues to be measured, continues to be prepared, consistent like he has been. He has had a great week, I think those polls are going to narrow. And I do think that Donald Trump can do that, and I do think that the polls are going to narrow.

Now, back to the original part of this interview, if you had a special prosecutor and someone that was actually going to do their job and investigate whether or not there is corruption and do what you would expect our government to do in a situation like this, she is going to sink. And with -- with Donald Trump being more consistent and doing what he has been doing --

KELLY: Uh-hm. I got to ask you a quick question before I let you go.  

PRIEBUS: And even potentially getting back ahead like he was after the convention.  

KELLY: Labor Day. Okay. So, Steve Bannon has taken over as the CEO of Trump's campaign. This is a guy who doesn't think of much of your party and has come out and suggested that he'd like to destroy the whole thing according to a report yesterday in "The Daily Beast" suggesting he is a leninist, that he would like to take down the Republican Party. He doesn't like parties in general. You're the head of the Republican Party. What do you think of that?

PRIEBUS: Well, I never like unearned attacks. You know, we've been both on the good side and the bad side of that particular website. But look, there is so much media out there, Megyn. I mean, there are so many websites. There's so many --  

KELLY: But you've seen Steve Bannon's website, Breitbart, which thinks absolutely nothing of your party and the so-called party elite. You know that.  

PRIEBUS: Listen, I am not a fan of some of the things that have happened but I don't think it's been totally one-sided either. I mean, we've been on the receiving end of some good things from that particular website too.  But I think you have to judge people moving forward. And I think so far, if you look at the way things have been going for the last several days, I think it's a continuation of Donald Trump staying on message, being disciplined. He is doing it again today. I think that's where he needs to be.  

KELLY: Reince Priebus. Great to see you, sir. Thanks for being here.  

PRIEBUS: Thank you, Megyn.

KELLY: So do these new revelations about the Clinton Foundation meet the standard for the appointment of a special prosecutor?

Jonathan Turley is a constitutional law attorney and George Washington University Law School professor. Professor, great to see you.

JONATHAN TURLEY, CONSTITUTIONAL LAW ATTORNEY: Thank you.

KELLY: So, let me start with this. Do you see this as a problem?  Because, again, the Clinton campaign is saying, once again, conspiracy theories. There is no there there.  

TURLEY: No. I don't think anyone can objectively look at the "Associated Press" report and not believe that there is a serious problem here. I mean, you have a great number of people that have business with the State Department giving money to the foundation. Some pretty disruptable (ph) people doing so. And gaining what appears to be special access. And then you have this revolving door or dual role in one case of someone who might have been employed by the foundation and State Department at the same time which, by the way, is colossally stupid to have anyone in that role.

But all of that creates a foundation for these allegations of what you have, a pay to play scenario. And I think that it deserves investigation.  I think the "Associated Press" investigated as much as they could. They had to go to court to get the information.  

KELLY: Right.  

TURLEY: I don't see how anyone could deny that these are troubling disclosures.  

KELLY: So, could, you know, the DOJ, they're not going to appoint a special, I mean, you tell me. Are they going to appoint a special prosecutor and could the DOJ do it itself in the investigation?

TURLEY: Well, the Department of Justice has a rather abysmal record. And I'm just not speaking about the Obama administration or the Bush administration. In the last few decades, they've had a terrible record in terms of applying laws evenly to high-ranking people as they do to ordinary people. And I really don't think it's much of a record to brag about. And so they've little credibility with some people when it comes to very powerful individuals. But more importantly, this investigation -- we only have roughly a little over 70 days to the election. This investigation will extend beyond Election Day.  

KELLY: So it can't get done before November 8th.  

TURLEY: It very likely would not be. But then you would have some serious conflicts there, if in fact the next president is Hillary Clinton. That would tend to favor a special counsel. But more importantly, any investigation into the foundation -- and people of the FBI clearly indicated that they wanted to investigate aspects of the foundation, but any investigation is going to involve high-ranking officials and also foreign interests that are very important to the United States. I think the appearance alone says that the public interest would be served with the appointment of a special counsel.  

KELLY: Uh-hm. And the odds of that happening are --

TURLEY: Not high.  

KELLY: Probably not high to be charitable. Professor Turley, great to see you.  

TURLEY: Thank you, Megyn.  

KELLY: Also tonight, Mrs. Clinton's medical history was back in the news today. And Dr. Marc Siegel is next on the health questions. Good thing he takes insurance.  

Before Karl Rove and Mo Elleithee join us on how this plays with voters.  Wait until you hear their take on Hillary Clinton's health issue. That is a campaign issue.

Plus, Donald Trump making news tonight with new remarks about softening his hard-line position on immigration. The fallout from that just ahead.  

(BEGIN VIDEO CLIP)

SEAN HANNITY, HOST, "HANNITY": Is there any part of the law that you might be able to change that would accommodate those people that contribute to society, have been law-abiding, have kids here?

(END VIDEO CLIP)

KELLY: Developing tonight, the issue of Hillary Clinton's health back in the news today after the candidate addressed recent questions raised by Donald Trump, including ones like these.  

(BEGIN VIDEO CLIP)

DONALD TRUMP, R-PRESIDENTIAL NOMINEE: To defeat crime and radical Islamic terrorism in our country, to win trade in our country, you need tremendous physical and mental strength and stamina. Hillary Clinton doesn't have that strength or stamina, believe me.

(END VIDEO CLIP)

KELLY: Clinton, who sustained a concussion as secretary of state, used a little bit of humor to dismiss Trump's claims during an appearance last night on "Jimmy Kimmel Live."

(BEGIN VIDEO CLIP)

HILLARY CLINTON, D-PRESIDENTIAL NOMINEE: Take my pulse while I'm talking to you.  

JIMMY KIMMEL, COMEDIAN: Okay.  

CLINTON: So make sure I am alive.  

KIMMEL: Oh my God there's nothing there.  

CLINTON: There's nothing there. What can I say. Back in October, the "National Enquirer" said I would be dead in six months.  

KIMMEL: Oh, boy!  

CLINTON: So, with every breath I take I feel like it's a --

KIMMEL: You have a new lease on life.

CLINTON: Yes. A new lease on life. I don't know why they are saying this. I think on the one hand it's part of the whacky strategy.  

KIMMEL: Uh-huh.  

CLINTON: Just say all these crazy things and maybe you can get some people to believe you. On the other hand it just absolutely makes no sense. And I don't go around questioning Donald Trump's health. I mean, as far as I can tell he's as healthy as a horse.  

(END VIDEO CLIP)

KELLY: In addition to Mrs. Clinton's own defense, a number of major media outlets are now attacking anyone who attacks the health question as a, quote, "birther," spreading crazy conspiracy theories. Let's take a little walk down memory lane. Back to 2008 and what some big-name journalists were then saying about then 72-year-old Senator John McCain.  

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Is McCain simply too old to get elected?

UNIDENTIFIED MALE: It's John McCain's health we're talking about. And he is running for the highest office in the land. His health, with limits, becomes the public's business.  

UNIDENTIFIED MALE: This is a person who has had five different, now we know five different skin cancers, four melanomas. And that we found out today that he had a squamous cell carcinoma as well.

UNIDENTIFIED FEMALE: How concerned are doctors that the skin cancer may in fact return?

(END VIDEO CLIP)

KELLY: Joining me now, Dr. Marc Siegel, NYU professor of medicine and Fox News medical correspondent. And he was actually part of a team of medical professionals tapped to answer questions about John McCain's health. Doc, great to see you.

DR. MARC SIEGEL, FOX NEWS MEDICAL CORRESPONDENT: Great to see you, Megyn.

KELLY: So, I mean, those journalists were right. We had a right to know about John McCain who wanted to be the commander-in-chief and we have a right to know about Hillary Clinton and Donald Trump, do we not?

SIEGEL: Yes, we do. And I think what happened in 2008 is we've changed the bar. We've put it in a different place. Because the public these days is all about disclosure. It's all about transparency. So, we essentially said if somebody is around 70 and they have significant health history we want to know. His last melanoma had been eight years before but 22 journalists and I was one of them looked over 1100 pages that he released to a private viewing and reassured ourselves that he wouldn't have melanoma coming back soon.  

KELLY: I remember when you did that. There was something about like some sun damage on his bottom. Is that -- you can't un-see that once the image goes in your head.  

SIEGEL: But I thought for parity's sake after that, we would then get full records for people that were around 70 or had --  

KELLY: Okay. But neither candidate has done it. She has released more than he has. Hillary has more than Trump. He's got some letter from some doctor Harold Bornstein who says Trump will be the healthiest individual ever elected to the president. Yes. Right, thank you. And Trump says, my records show perfection. According to this guy, okay. So -- this is the situation in which we find ourselves. You tell me whether you've seen anything publicly which suggests to you she has got some deeply concerning medical condition.  

SIEGEL: I don't believe that doctors should speculate. I think when we do that, we undermine our own authority and in a way it's against our oath.  What I think is if she has a significant history, like a fall in 2012 and a concussion and a blood clot outside the brain that she is now getting blood thinners on for life, I think that raises a question enough so that we would want to see more of her records if she would release them.

Similarly, Donald Trump, being around 70, being 70, not sleeping well at night, and eating a lot of junk food, he readily admits, I want to see his records as well. I think a team of doctors or media people should be able to get private showings of these records, same as we did in 2008, same as - - if you asked an accountant, Megyn. You said to an accountant, how are their taxes? The accountant would say, I can't tell you. Look at their taxes. Right? Same with health records. We want to actually see the records.   

KELLY: You don't want sweeping conclusions, you want the evidence that form the basis of those conclusions so you can make up your own mind.  

SIEGEL: Absolutely. I don't see anything to doubt either of their candidates. I just want to see more information.  

KELLY: Dr. Siegel. Great to see you.

SIEGEL: Great to see you.

KELLY: By the way, look what Dr. Siegel brought me back from Russia. He saw I was drinking coffee and he decided to upgrade it for me. Interesting choice.  

SIEGEL: That's the best.  

KELLY: Thank you. Ooh!

(LAUGHTER)

Thank you, Dr. Siegel.

SIEGEL: Great to see you.

KELLY: Joining me now with more, Karl Rove, former deputy chief of staff under President George W. Bush and a Fox News contributor. And Mo Elleithee, former senior spokesman and travelling press secretary for Hillary Clinton's 2008 presidential campaign. Good to see you both.

Karl, you know, it's interesting to see everybody come out and say, this John McCain, we have got to get to the bottom of that. But now we've seen so many in the media have said, come on, lay off -- I agree when it comes to the fake medical reports that have been out there about her, but we are allowed to ask questions about her health.  

KARL ROVE, FOX NEWS POLITICAL CONTRIBUTOR: Oh, sure. And look, in previous elections I remember in 2000 we went through this exhaustive process with the "New York Times" where we had to make available every health record of Governor George W. Bush of Texas. They had to be looked at exhaustively by a fellow who had done this for 20-some years for the "Times" and examined by other physicians.

It wasn't pleasant but frankly it was part of the process. And that's been the way in most modern elections, 1996 Bill Clinton stiff-armed the "New York Times" for months. We knew more about the health records of Bob Dole, World War II veteran than we did about the baby boomer, Bill Clinton. But I think both candidates need to accept the fact that that kind of scrutiny -- I don't know if the "Times" is now prepared to do it but that kind of scrutiny is necessary in the modern campaign.  

KELLY: Mo, do you agree?

MO ELLEITHEE, FORMER SPOKESMAN, CLINTON 2008 CAMPAIGN: Yes. I think totally it's totally legit to want to take a look at the health records and background of candidates. And that's totally something that voters rightfully ought to have information on. And it's a legitimate question for them. Having said that, it is not legitimate to be out there spreading false stories about a candidate's health that have no basis in fact or reality.  

KELLY: Okay. So, let me ask you -- let me stop you because there is some crazy right-wing, like really far, far right wing website that came up, that apparently made fake health documents for Hillary Clinton --

ELLEITHEE: Yes.

KELLY: -- under her real doctor's name. The doctor came out and said they're completely false, they misstated her title, I mean, they're just bogus. But let's take it a step back from that. Because you've had people like Rudy Giuliani out there saying, she looks sick. Just Google Hillary Clinton and health and you'll find -- your view on that?

ELLEITHEE: Yes. That's ridiculous. And I agree with the doctor you just had on who said it does undermine the whole process. It undermines the way we look at this whole thing. I mean, the stuff that's coming out of not just far-right websites, the stuff that's coming out of -- not just out of Trump's surrogates mouths, but even some of the things that the candidate himself is saying, I think, are really unfortunate and do a disservice to this whole conversation.

Donald Trump, questioning her stamina, saying that she is not mentally or physically prepared or has the stamina to do the job.

KELLY: Uh-hm.

ELLEITHEE: You know, look, Donald Trump, you've got a problem with Hillary Clinton. You have an issue with Hillary Clinton. You have plenty of issues to differentiate yourself on. Do it that way.

KELLY: Karl --

ELLEITHEE: But to manufacture something about her health --

KELLY: Okay. But part of what's going on here, Karl, you tell me, is that there have been questions, in particular after she had the concussion and she had the glasses on for the double vision, and some of the comments that were made back then that raised real questions about what had actually happened to her then.  

ROVE: Yes. Well, think about that. Absolutely right. She has a concussion on the 13th of December. Falls down, and has a concussion, but we're not told about it until the 15th of December, two days later. We're told on the 25th that -- excuse me -- actually got this written down.  

KELLY: The white board. On the health.

ROVE: White board. We're told on the 28th of December that she is going to be back to the office next week. On the 30th she is hospitalized with a blood clot but we are not told about it until the next day.  

KELLY: Two pages.  

ROVE: She leaves the hospital on June -- January 2nd. On January 7th, they say she is fully recovered and they have a photo op. But she is not fully recovered. On the 23rd of January, 2013, she shows up at the Benghazi hearing wearing personal prism glasses that help people who have suffered a concussion or traumatic brain injury get their vision right.  She appears on "60 Minutes" interview with President Obama again with the glasses. It takes over two months for her to get rid of the glasses.

In fact, the next year her husband, Bill Clinton says it was terrible, the concussion required six months of very serious work to get over. That's what he admitted a year later. So when people have -- I remember when President Bush ate the pretzel and collapsed, we had to make every record available. We had to provide doctors in extremis to the press. And when she misled the American people or people on her behalf misled the American people, about the seriousness of that concussion, it does create some deaths.

KELLY: All right.

ROVE: Now, I'm separating that from the arguments that Trump makes about her, you know, she is up for the rigors of the presidency. People have made that argument back to John Adams and Thomas Jefferson.

KELLY: Okay.

ROVE: So, that's in politics. But both of these people ought to come clean with all their records.  

KELLY: Mo, would you like to respond to the triple -- the triple white board?

ELLEITHEE: I didn't hear it all over the sounds of the black helicopters that I think we're flying by the window here. What I think I did heard though was Karl repeating many of the things he said back in the day that he actually had to walk back, because a lot of it was -- wasn't right and wasn't true. And this is what I am talking about.  

ROVE: This is absolutely true. The President -- the Secretary of State -- misled the American people --

(CROSSTALK)

ELLEITHEE: But Karl, the insinuation. The insinuations that you are making there, the insinuations that Donald Trump are making -- there is very little difference between the two.  

ROVE: No. I'm not insinuating anything.

KELLY: Nobody can understand when you talk over each other.  

ROVE: No, I am not insinuating anything. I am saying her people did not tell the American people the truth about her concussion.  

KELLY: Okay.  

ROVE: And misled the people, delayed providing information. And then her husband admitted that it had taken her six months --

KELLY: Got it. Got to leave it at that.

(CROSSTALK)

Got to leave it at that. We appreciate you doing the writing on your white board in something better than Dr. Scratch.  

ELLEITHEE: I'll bring mine next time too.  

KELLY: Whether the American people are persuaded is up to them to decide.  Great to see you both.  

So, still ahead, a possible terror attack in Virginia and the questions it's now raising for the FBI. Have you heard about this?

Plus, Kevin Jackson and Andell Brown are here on Donald Trump's attempts trying to reach the Black community.

And then big news tonight for Mr. Trump and his pledge to deport 11 million illegal immigrants. And the softening that he is now promising on that, next.

(COMMERCIAL BREAK)

KELLY: Breaking tonight, after watching Donald Trump spend the last ten days making appeals to inner city communities, we're seeing yet another shift in tone as he reaches out to another minority group, this time on immigration.

Trump was speaking with our Sean Hannity just a short time ago when he revealed that he is softening what has become one of his most popular policies.

(BEGIN VIDEO CLIP)

SEAN HANNITY, FOX NEWS HANNITY SHOW HOST: Is there any part of the law that you might be able to change that would accommodate those people that contribute to society, have been law-abiding, have kids here?

DONALD TRUMP, REPUBLICAN PRESIDENTIAL NOMINEE: There certainly can be a softening because we're not looking to hurt people. We have some great, great people in this country. So -- but we're going to follow the laws of this country.

(END VIDEO CLIP)

KELLY: There can be a softening. Kevin Jackson is a Fox News contributor and executive director of theblacksphere.net and Andell Brown is a defense and civil rights defense attorney, good to see you both. Andell, let me start with you on that and your reaction to his statement after all this time. I mean a year plus where he's been hard-line on immigration.

There is going to be a deportation force, the 11 million have to go. Their families have to go as well. There can be a softening. There is a softening.

ANDELL BROWN, DEFENSE AND CIVIL RIGHTS ATTORNEY: Well, this is so important that Donald Trump waited until August, two months before the election to address a softening on immigration with the Hispanic-American community. I think it's too little too late. And it's really just trying a last ditch effort to reach out to Hispanic voters. His campaign has not been inclusive and I don't think it's helping now.

KELLY: Kevin, his numbers with African-Americans are dismal. His numbers with Hispanics are dismal. His numbers with women are dismal. And there is an article in the "Washington Post" tonight talking about now he is now trying to sort of erase the impression that people have that he is, quote, "racist" with all three of those groups.

KEVIN JACKSON, FOX NEWS CONTRIBUTOR: Well, I think it's ridiculous that anybody would think that Trump is racist. He's taking a stance that many Americans believe. I actually think it's kind of heartening to look at where Trump is going to be in the next couple of weeks because the outreach that he's done in the black community, what he's now talking about with Hispanics, even though these are not monolithic issues, I don't believe that immigration is the only thing that Hispanics are thinking about.

But I think that the fact that he is reaching out and talking about these issues and giving it a bit of a deeper dive is interesting. I think what's more funny is watching the left have a conniption because they've had a monopoly on the black and Latino vote for quite some time, and now here's a Republican who is able to reach them without the long arm of the media stopping him. So, I think it's going to be fun to watch in the next few weeks.

KELLY: Andell, you know, he's reaching out not only to the Hispanic community and you know, already he's getting blowback. I mean Ann Coulter who's, he's hard line on immigration and she has been forever -- she just said the following over on MSNBC, listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: How is it different than Obama?

ANN COULTER, SYNDICATED COLUMNIST: How is it different from all the candidates he just beat? I go through. That's wanting to fight (ph)...

UNIDENTIFIED MALE: But he says he's going to throw out these -- deport the felons.

COULTER: Well, it's very different from the actual policy. But they all say that and it just sounds very consulting. This could be the shortest book tour ever if he's really softening his position on immigration.

(END VIDEO CLIP)

KELLY: She's on a book tour. She is basically saying I don't want to see that, and the question is whether this might erode some of his core support with that base he's done such a good job of cultivating.

BROWN: Actions speak louder than words, and when it comes to African- Americans, black women are the leading group when it comes to college enrollment in this country, black men not that far behind. Both ahead of Trump's base of white males. We are more than poverty, crime and violence, and that seems to be all Trump can address when he's talking about black people.

We're not lining the gutters of America waiting for Trump to save us. We're doing fine, and we're making progress on our own. He needs to have a better pitch than you're doing so bad, how much worse can it get. We need him to tell us what he's going to do and to address the issues.

KELLY: Kevin, he referred it that he was talking about yesterday and said what the hell do you have to lose to the black community. Like come with me, vote for me. But you got to give him some credit for reaching out to these groups, do you not? I mean, he obviously is struggling with African- Americans and with Hispanics.

BROWN: That's the best he could come up with?

KELLY: He's trying.

JAKSON: Megyn, great sound bite.

BROWN: "A" for effort for Trump -- participation trophy.

JACKSON: Of course Trump would say that because he's exactly right. He's exactly right. The Democrats have effectively ruined the black community. Look, there are a lot of things going on that are great in the black community. The problem is...

BROWN: What is he going to do to fix it? That's the question.

JACKSON: And the problem is, is that when you talk about things like black neighborhoods, you shouldn't even be saying that things like black neighborhoods, black schools. We all know what that implies. These are the worst of the worst. When we look at criminality, when we look at jobs, all of it is bad, it's all under Obama and it's all in big cities run by Democrats.

So, Trump is exactly right to bring this to the fore because you know what, Democrats believe that blacks are the sacred cows that are going to come to the barbecue and eat like everybody else. It's time we barbecue the sacred cow and Trump is actually making an impact. And I will tell you...

(CROSSTALK)

KELLY: The internal polling in the Trump campaign shows that he's got an opportunity.

BROWN: ...worst than the worst. It's what Trump is about. He's appealing to a different base. He doesn't care about black people's votes.

KELLY: Well, the internal polling appears to show that there is some room with the African-American voters because many are dissatisfied with the Clinton policies on crime...

BROWN: Donald Trump has nothing.

KELLY: I got to go. Great to see you both. So the key question in the race is this. With 76 days left, 76, can you believe that? I know. And Hillary Clinton holding a lead in the swing states, what does Mr. Trump need to do to catch her? Is it historically possible? Some answers next.

Plus, a possible terror attack in Virginia by a man who was on the FBI's radar for months. Have you heard about this? We'll investigate how this happened in moments.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: As far as we can tell, there was no connection between the victims and the suspect. They have never see him before. It appears to us to be a random attack.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

UNIDENTIFIED MALE: From the world headquarters of Fox News, it's "The Kelly File," with Megyn Kelly.

KELLY: Breaking tonight, 76 days to go until the 2016 election. And Hillary Clinton is ahead of Donald Trump by more than 5 points in the Real Clear Politics Average of national polls. Plus, a new poll from Virginia tonight has the Democratic nominee with a 19-point lead in a state where the two candidates were tied just three months ago.

Joining me now, the publisher and co-founder of the best website on the internet, RealClearPolitics.com, Tom Bevan. Tom, great to see you. Nineteen. I mean, the bottom line is, if she can win Virginia and North Carolina, he can win Florida and Ohio, and he could still lose.

TOM BEVAN, REALCLEARPOLITICS CO-FOUNDER AND PUBLISHER: Correct. I mean, I think for Trump it all starts and ends in Florida. If he can't win Florida, it's over. Beyond that he's got to win -- he has to keep North Carolina and the Republican column, which Mitt Romney did barely in 2012 and he has to win Ohio and Pennsylvania.

And that will get him there. He doesn't have to win Virginia necessarily, but look, we are seeing Clinton's lead in some of the states balloon. You mentioned Virginia -- Colorado is the same thing. Pennsylvania is now over 9 percent in RealClearPolitics average there so, and even Florida and Ohio are now in the 5 percent range, Clinton leads. And so Trump has lost ground and he...

KELLY: OK, but that's -- that's actually -- that provides some of the context of what we have been discussing in the show which is an evolving Donald Trump on certain issues and a softening on some of his core positions in an attempt to reach out beyond that core base, which he points out would never leave him but if he shot somebody in the middle of Fifth Avenue, right.

So, that's what's going on. But you tell me historically whether somebody who is -- where Hillary is -- has gone on to lose in this country, you know, this close to the election.

BEVAN: Well, certainly if you go back and look at the 2000 election, Al Gore came out of the conventions there with a 7 point lead in the Gallup poll. In October, Bush had taken a double-digit lead in that poll and went on to basically -- he won the election but lost the popular vote by 500,000 votes, so.

I mean, we do have examples in history where people have made up ground. Gerald Ford for example in 1976, was down 15 points after his convention and end up losing but only by two points. But the problem for Trump now, in the post 2000 period where the country is so evenly divided and we're much more polarized and partisan now, are there that many persuadable for Trump to win back at this point with only 11 weeks left. That remains an open question.

KELLY: And yet, there may be some big event. I mean, there could be, God forbid, there is a terror incident or this e-mail dump, you know, from the DNC involving Hillary Clinton. I mean, there could be a game changer still.

BEVAN: So many unique things about this election, Megyn, or events. We have two candidates now who are the most -- least well liked in history on honesty and trustworthiness and a whole lot of other things. Donald Trump, Republicans have never nominated someone without a lot of experience other than a war hero. So, there are just a lot of potential vulnerabilities and twists and turns I think left in this race.

KELLY: What would you give -- where would you put the odds? What percentage would you say Trump has of winning at this point?

BEVAN: I mean, look, given where things stand right now, he is behind the eight ball. I mean, he's got to start making up ground. He's guys are making...

KELLY: Try to put a number on it for me. I won't hold you to it but as of this point in time.

BEVAN: You know, given where things stand right now, I would say maybe 25- 30 percent. I mean, think he's still -- again, even despite all the things that have happened he is down 5 points in the national average. That is something that -- it's not like he's down 10 or 20 points nationally.

KELLY: Yeah. They don't -- the voters don't like her either. I got to go. Hard break. Tom Bevan, great to see you. Up next, a terror attack that no one has heard about? That's next.

(COMMERCIAL BREAK)

KELLY: After days of attacks from Donald Trump, President Obama today finally made a trip down to Louisiana to survey the damage from flooding that began nearly two weeks ago. Trump was earlier suggesting it was too little, too late and doubling down on his suggestion that president Obama should have cut his vacation short to make this visit. But the president was suggesting his trip was about more than a photo opp.

(BEGINN VIDEO CLIP)

PRESIDENT BARACK OBAMA: Even after the TV cameras leave, the whole country is going to continue to support you and help you until we get folks back in their homes and lives are rebuilt. And the reason I can say that with confidence is because that's what Americans do in times like this.

(END VIDEO CLIP)

KELLY: For more information on this story and how you can help, go over to our website, which is foxnews.com.

Well, we are also tracking developments tonight from Virginia where the FBI is investigating a possible ISIS connection after a brutal stabbing in Roanoke, Virginia. The suspect, by some accounts, attempted to travel to Syria and was on the FBI's radar screen. So, how exactly was he able to carry out an attempted stabbing? Trace Gallagher has the latest, Trace?

GALLAGHER: Megyn, the FBI knew about this guy but he had no criminal history. And so far, ISIS has not claimed responsibility for the attack, but investigators are looking into whether it was ISIS-inspired. It happened in Roanoke County, Virginia, about 250 miles south of D.C.

A man and woman walking into their apartment complex when they were ambushed by a man with a knife screaming Allahu Akbar. Both victims were severely wounded including a neck wound to the male victim, though authorities do not believe it was an attempted beheading. The man was able to fight off the attacker. Now listen to the 911 dispatcher.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Caller is advising there's blood everywhere. Male is attacked -- people -- there's blood everywhere. A knife in the stairwell. Going to be a traumatic injury, two patients, one with a neck laceration, the other with a leg laceration.

(END VIDEO CLIP)

GALLAGHER:Aa man matching the description of the suspect later walked into the same hospital where the victims were taken. He was arrested and identified as 20-year-old Wasil Farooqui, who reportedly has been on the FBI's radar for months and is believed to be self-radicalized. Investigators say Farooqui traveled earlier this year to turkey and may have tried to sneak into Syria.

Police say both victims are Muslim, but they do believe the attack was random. The FBI is now looking at Farooqui's computer and his social networking footprint to see if there was been any contact overseas. Farooqui is being held without bond tonight, Megyn.

KELLY: Trace, thank you. Joining me now with reaction, Dana Loesch, host of "Dana" on the The Blaze TV and Nomiki Konst, executive director of The Accountability Project, great to see you both. So, this is not clear, Dana, right? They're saying maybe he was mentally disturbed. That's the most likely explanation according to the investigators. But how do they get there if people heard him yelling Allahu Akbar and he was on the FBI's radar?

DANA LOESCH, HOST, "DANA" ON THE BLAZE TV: Yeah, that doesn't quite make sense, Megyn, and I agree. I think that we're still learning some things here but at the same time, there are too many coincidences that make me quite uneasy. The fact that you had multiple witnesses that said he was screaming Allahu Akbar as he was slicing and dicing these poor victims here. The fact that he had traveled recently to Turkey hoping to gain entry to Syria, was unsuccessful.

And as you said, the FBI had him on some sort of list, had been watching him for at least a few months. All of this stuff adds up. There are too many coincidences here. And when you look back at some of these other not so lone wolf, you know, it goes back to the question how many lone wolves make a pack?

When you look at some of these other previous attacks, there have been these kind of red flags that have been in these criminal -- attackers' past, whether they've been traveling, what their browser history was like, some of their associations, and I'm sure those are all things that the FBI in their investigation, they're going to come out with.

KELLY: Well, certainly if he attempted to travel to Syria, you know, the FBI is going to be interested in that, Nomiki. But if he's, you know, what he apparently said was he was hearing voices telling him to attack people which could take this out of terror and into a straight mental health situation. I suppose that's why they're not labeling it anything right now.

NOMIKI KONST, ACCOUNTABILITY PROJECT EXECUTIVE DIRECTOR: Right. And the Department of Justice actually did a study and released a report saying that the majority of these lone wolf terror acts are actually acts that are related to mental illness. So I think...

KELLY: So it's both. It could be both.

KONST: And I think that's the problem with ISIS, unlike Al Qaeda or some of these traditional terrorist organizations that have these large structures, is that ISIS feeds off of the weak. It feeds off of the young people who are naive, don't understand the implications of going to Syria, and a lot of westerners who have been marginalized, and the mentally ill unfortunately.

And they have access to information. They have access to their propaganda online. And while this guy may have been not -- not been trained by ISIS, did not go to Syria, he could use it as a tool.

KELLY: Well you know, a lot of people are going to be wondering why if he was on the FBI's radar, how he was able to commit an attempted stabbing.

LOESCH: Yeah, I agree with that too Megyn. And I think you do have to be mentally ill to be part of ISIS or to be an Islamist, an Islamic terrorist. But at the same time, it's going to be easier to try to get off on a crazy charge than a terror charge.

KELLY: Right, so might as well lead the foundation early about the voices, which may be real, maybe not. We'll be right back. Thank you, ladies.

(COMMERCIAL BREAK)

KELLY: Tomorrow on "The Kelly File," Julian Assange, the founder of WikiLeaks, which released those hacked DNC emails right before the democratic convention, and they say more emails are coming related to the Clinton campaign. Don't miss that, our first tomorrow night right here.

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