Why voters can expect more Clinton email leaks; Schweizer: DOJ settlements funnel money to left-wing groups

This is a rush transcript from "The Kelly File," October 24, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, 15 days until America elects its next president. Hillary Clinton is leading in most of the polls but there's a whole series of new campaign controversy tonight and the question is, will it be enough to help Donald Trump.

Welcome to "The Kelly File," everyone. I'm Megyn Kelly. A lot has changed since we last joined you. Early voting is now under way in 32 states, as well as Washington, D.C. And we're hearing the total number of ballots cast has already hit more than six million. Donald Trump has taken his message to the battleground state of Florida holding five different events today. Think he cares about Florida?

Meantime, Hillary Clinton is largely out of site holding just one single public event today. Just one. It comes as her campaign and those around her come under increased scrutiny. First, there is a damaging report concerning a top Clinton ally and big money he donated to another campaign.  We'll explain. The candidate here just so happened to be married to the man who helped oversee the investigation into Hillary Clinton's emails.  Basically the Governor McAuliffe of Virginia made a big donation to this woman on the right who is married to a top FBI official who wounded up investigating Hillary.  

Hmmm. We'll have more on that in a moment. Then there's another troubling new video from Project Veritas which previously exposed Democratic operatives working to harass Donald Trump and provoke his supporters and then play the victim. For days now, the Clinton campaign and party leaders have denied any direct link to the very dirty tricks described in the videos which have led to two people being fired so far. Watch.  


JOSH EARNEST, PRESS WHITE HOUSE SECRETARY: I've tried to urge people to take those reports not at face value and not just with a grain of salt but maybe even a whole package of salt.  

UNIDENTIFIED FEMALE: I have no evidence and no knowledge of that. Mr. Cramer stepped aside because he did not want to be the kind of distraction that he is even at this point.  

UNIDENTIFIED MALE: No one working for the DNC or the Clinton campaign was doing that. This is again an attempt by Donald Trump to distract from the real issues of this campaign.  


KELLY: We don't need any salt. We don't need a grain. We don't need a pound, we don't need a package. The Democrats fired two people in those videos for their antics. So, we're supposed to take them for their grain of salts, why are they firing people? But, this new footage tonight is raising questions about the denials about how they had no linkage to the Hillary Clinton camp, the DNC, they had nothing to do with the videos, a bad Democratic operative group, never heard of them.

But you know the people have been caught on video saying that Clinton's campaign and Hillary Clinton herself were in on an effort to troll Donald Trump in what appears to be not an unrelated case. Using people dressed up -- wait. It's very clever. Donald duck. It's not even good troll.  Really. It may sound a little silly but it could be a violation of federal election law. You see, Hillary is not allowed to coordinate with the outside groups. So she could be in a lot of trouble if that link is real.  Listen here.


UNIDENTIFIED MALE: The good news is the candidate would like to have a mascot following around the duck. I mean, swing around Trump. But the bad news is, she wants it to be Donald Duck. And that's because Skalar is an old Clinton ad. And he had gone to some buddy of his who is one of her body people and she explained the idea that Hillary, and Hillary just loved it.  


KELLY: She did? What she did love about this.

In moments, we'll talk about this with Sheriff David Clarke and Richard Fowler who were here. But we begin with our chief Washington correspondent James Rosen. James?

JAMES ROSEN, FOX NEWS CHIEF WASHINGTON CORRESPONDENT: Megyn, good evening.  For a while this summer Donald Duck emerged as a prominent figure on the campaign trail, costumed the individuals resembling the Disney character as captured by Fox News camera showed up at Trump rallies outside his Washington Hotel, even harassing Trump surrogates in Congress, at all points chastising the GOP nominee for ducking the release of his tax returns.

Now in the latest undercover video from the conservative activist group Project Veritas action, we hear once again from Bob Creamer, the consultant whose contract with the Democratic National Committee was severed after the first Project Veritas video last week and you could be seen confiding to his hidden camera interlocutor the identity of the purported mastermind behind the Donald Duck's operation.  


BOB CREAMER, FOUNDER AND PARTNER, DEMOCRACY PARTNERS: In the end it was the candidate, Hillary Clinton, the future president of the United States who wanted ducks on the ground. So by God, we would get ducks on the ground.

PV JOURNALIST: Oh, she -- so her -- wow!

CREAMER: Don't repeat that to anybody.


ROSEN: Don't repeat that to anybody. Creamer also alleges that Donna Brazile, now the interim chair of the DNC intervened at one point to get the Donald Duck's operation moved out of the DNC to a progressive grouped called Americans United for Change because Brazile purportedly feared trademark trouble from ABC Disney which owns the Donald Duck character.  And at one point in this video an assistant press secretary for the DNC is seen confiding that the organization still had a hand in the Donald Duck's operation.  


UNIDENTIFIED FEMALE: (INAUDIBLE) It's something that we're involved in.  We just have to be careful about these things and the way we talk about them. But you guys are -- I trust that it will all be fine.  


ROSEN: Neither the Clinton campaign nor the DNC responded to our request for comment. However in response to last week's videos, both the campaign and the committee accused Veritas of selective editing in past videos. So perhaps Megyn, not with a grain of salt but for the health conscious among a multigrain of salt.  

KELLY: I feel like you need, you need like whole tequila rim full of salt perhaps. Before I let you go James, forgive me for putting you on the spot. But you hear the person in the video saying, you know, it's important, we have to be careful what we say. It's not we have to be careful about what we do to make sure we comply with the law. It's, you know, we don't want to be perceived as having broken the law. You once told me about a famous Richard Nixon quote to the same effect. Do you remember it sitting here now?

ROSEN: Yes.  

KELLY: Can you tell me what it was?

ROSEN: Yes. This is used in biographies of Richard Nixon. He was quoted once as saying, you must show that you care and indeed you must care which indicates a slightly back heavy priorities list there.


KELLY: I knew -- that's impressive that you got that. I haven't spoken to you about that in about eight or nine years. Great to see you as always, James Rosen.

ROSEN: Likewise. Thank you.

KELLY: Check out his book "A Torch Kept Lit."

Joining us now, David Clark who is a Milwaukee County Sheriff. And Richard Fowler, Fox News contributor and nationally syndicated radio talk show host. Great to see you both.


KELLY: So, I don't know, you tell me, Richard. It's like, first of all that trolling sucks. And second of all, that group is not supposed to be coordinating with Hillary on how to aggravate Donald Trump.

FOWLER: Well, if it looks like a duck and it quacks like a duck, this time I got to tell you, I don't think it's a duck.


FOWLER: And here's why. There's a couple of things here. Right? So one, this organization -- now this came from the Fox News Channel. This came from ABC, NBC, Wall Street Journal, Washington Post, Chicago Tribune, Chicago Sun-Times, maybe I believe it. But this organization as Mr. Rosen said in the lead-in to this was, on act of far right activist group, right, who is known for doctoring videos.

And also Megyn, in 2015 right before Donald Trump launched his campaign, the Trump Foundation which has its own problems, but they managed to -- together just $15,000 to give to this same group. So, I find this group to be problematic which is why, I don't take these tapes at face value. There no question that what's said on the tapes is murky.  

KELLY: Yes but the thing is -- let me share Clark, the thing is, Donald Trump may have given 15,000 to his charity foundation to Project Veritas but he didn't make Bob Creamer say these things, and he didn't make the other woman say what she said, and he certainly didn't make the Democrats fire two people in the wake of these tapes coming out.  

SHERIFF DAVID CLARK, MILWAUKEE COUNTY SHERIFF'S OFFICE: Megyn, these Democrat operatives are some scummy, scummy people. And every time we think we've reached the bottom of the sewer with them, we find out, we have a long way to go. They're up to their eyeballs in corruption. Their mottos to win elections is to cheat, lie and steal. And then if they get caught, they just sent their minions out to deny. You look at what's going on here and we haven't seen the end of it.

But really, what I find problematic is that the Democrats don't care how they win elections, they just care that they win elections. But then in 45 to 47 percent of the American public that is supporting Mrs. Bill Clinton, they don't seem to care about this at all. If she wins this election, I still don't think that this is over yet. But if she does, we'll spend the next four years with investigation after investigation. We still don't know the bottom of this thing and we're going to learn it as time goes on.  

KELLY: You know, Richard, as we are on the air right now, Politico just breaks this story, saying that this same group, democracy partners, this is the same group that Mr. Creamer was associated with, a guy like, don't tell anybody I said that, keep that stuff about Hillary to yourself. Don't tell FOX News in particular. So that group, according to Politico coordinated also with, get this -- going to blow your mind now -- Breitbart, which is a conservative -- they think it's alt-right, whatever, site to hurt Marco Rubio. I'm just reading this now.

They coordinated during the primaries to cover disruptions of events for candidates such as Marco Rubio. So, you've got the groups on the left who dislike Rubio and the groups on the far right who dislike Rubio. And they didn't make Rubio go into robot mode when Chris Christie came after him.  But the point is these are dirty, dirty tricks and these democracy partners should not have been coordinating with Hillary Clinton. She was not allowed to do that.  

FOWLER: Well, there's two points here. One, there is no, he says Hillary Clinton, Mr. Creamer does in the videos but there's no emails. Maybe WikiLeaks has it. Who knows? That clearly connect Hillary Clinton --

KELLY: I already want to lie about. He's trying to protect her. He's like don't tell anybody.  

FOWLER: But once again, and I think Sheriff Clark said this that, politics is a blood sport and unfortunately Megyn, thanks to Citizens United, in case you'd like it, there's way too much money in our politics, weigh too much dark money and this is the reality.  

KELLY: Yes. But if they broke the law it's worse than just dirty.  

FOWLER: Really, really dirty operatives doing dirty things. This is the problem with Super Pacs. As Charles Krauthammer said last hour, this lines are so murky because the Super Pac laws say we're working together today and I can fire you and then you could go run my Super Pac and we could say, there's no coordination.

KELLY: Uh-hm.

FOWLER: And that's problematic.  


KELLY: However, Sheriff Clark, you are a man of the law. And the law says, you can't be a 501C 4 organization which it appears this group was and engage in direct or indirect participation in a political campaign on behalf of a candidate. So if this group was taking its orders and acting them out on behalf of Hillary as we hear the man say there, then they may be in violation of the law. And now, it's not just somebody gets fired, somebody gets a visit from someone like you saying, come on down to the station and let's have a chat.  

CLARK: You know, this is interesting because I think this prima facie evidence that there's some corruption and some collusion going on in this thing. But who do you call on? I mean, normally I would say, you know, the Justice Department should step in here and take a look, the Federal Election Commission. But those institutions are corrupted.  

KELLY: All right. It's really the tax agencies, right? Who would say, you're not getting your tax exempt status anymore, you're a political campaign.  

CLARK: But here's the thing too. That this is voter intimidation. This is straight up hard core voter intimidation. And some of these Trump events, you look at the one in San Jose, California where Trump supporters at that event were literally attacked, beaten, bloodied and injured. That is voter intimidation. That if it happened on the other side if there were the --

FOWLER: Sir --

CLARK: Klan or supremacists groups intimidated --  

FOWLER: That's not.

CLARK: Let me finish.

KELLY: All right.

CLARK: Please let me finish.

KELLY: Yes. Go ahead, Sheriff.

CLARK: If the shoe were on the other foot and those things happened, everybody would be outraged and they rightfully should be outraged. But now that it's the Clintons, of course there's a different standard for them. They're above the law.  

KELLY: All right, guys. I got to leave it at that but great to see you both.

FOWLER: Good to see you, Megyn.

KELLY: Also tonight, we're tracking the fallout after we learned that a close Clinton ally had direct ties to the man who wound up heading the FBI's investigation into her email scandal.

Judge Andrew Napolitano says, the story goes much deeper than we have heard.

And here with his take on all of this, Peter Schweizer, the author of "Clinton Cash." Wait until you hear what he's learned.

Plus, now an 11th woman alleges inappropriate sexual behavior on the part of Donald Trump. Just ahead, we'll show you how the campaign is handling this one.  


DONALD TRUMP, R-PRESIDENTIAL NOMINEE: You know, this one that would came out recently, he grabbed me' and he grabbed me on the arm. Oh, I'm sure she's never been grabbed before.



KELLY: Fifteen days until the election. And new headaches for the Clinton campaign as we learn a central player in the FBI's investigation into her emails also had close ties to a long time Clinton confident. He happens to be the Virginia Governor Terry McAuliffe who was co-chair of President Clinton's re-election campaign and actually have ran her first presidential campaign as well. Well as it turns out, Governor McAuliffe was also the man donating nearly half a million bucks to the wife of the FBI official who wound up leading the Clinton email investigation.

Judge Andrew Napolitano and Peter Schweizer of "Clinton Cash," of the Government Accountability Institute as well are here on that. But first, we go to Chief Intelligence Correspondent Catherine Herridge. Catherine?

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Well, Megyn, campaign finance record show that the money accounts for more than a third of the campaign funding for a senior FBI's executive's wife. Deputy FBI Director Andrew McCabe's wife, Dr. Jill McCabe ran for the Virginia State Senate last year. And while she lost the race, she received 467,000 from McAuliffe's pac and another 207,000 from Virginia's Democrat Party.  McAuliffe personally met with Dr. McCabe and her husband in March, 2015 to encourage a run.

At that time Andrew McCabe was the associate FBI director. Three months after his wife lost, Andrew McCabe was promoted in February to deputy FBI director. In that position, the bureau says, he took on an oversight role for the first time in the Clinton email case. Critics emphasize these events, for us reported by the Wall Street Journal and confirmed by FOX News, coupled with the controversial tarmac meeting between Attorney General Lynch and Bill Clinton in June one week before Hillary Clinton's FBI interview reflect poorly on the Justice Department and the FBI. Trump hit hard on the allegations today.


TRUMP: It's unbelievable how Hillary Clinton got away with the email lie, the email scam, the email corruption but now at least we have a pretty good idea.  


HERRIDGE: This FBI ethics manual says employees must avoid even the appearance of a conflict. McCabe did flag his wife's Senate race last year and the bureau did review it, quote, "McCabe and FBI lawyers implemented a system of recusal, from all FBI investigative manners involving Virginia politics. A process followed for the remainder of her campaign." And during the campaign he played no role. But a former agent told FOX tonight, the bureau and McCabe did not do nearly enough to properly distance him from oversight conflicts and their actions are not in keeping with the FBI motto of integrity -- Megyn.  

KELLY: Catherine, thank you.

HERRIDGE: You're welcome.

KELLY: Well, our next guest thinks he knows where this leak came from.  And he is predicting we'll see plenty more. Like it over the next 15 days.

Judge Andrew Napolitano is our Fox News senior judicial analyst. So where do you think the leak came from?  

JUDGE ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: There are probably 100 FBI agents who worked on the investigation of Mrs. Clinton.  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 at 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.  

KELLY: But one of the fact that this guy McCabe wasn't running the email investigation at the time his wife was running for office and got the donation from McAuliffe.  

NAPOLITANO: This is an issue about the appearance of impropriety. Now, the appearance of impropriety is where to a layperson it looks like it's fishy, it 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.  

KELLY: This guy is the second in charge at the FBI.

NAPOLITANO: And when he has an interest in that money going to his wife and when he has an interest in seeing to it that Mrs. Clinton is not indicted because that disrupting the financial stream to his wife.  

KELLY: You know, we always learn there's more to the story. You know, Loretta Lynch goes on the airplane talking to Bill Clinton. What were they talking about? And then just this week, he came out, Judge in the Podesta emails that were leaked through WikiLeaks.


KELLY: That you remember "The New York Times" broke the story on March 2nd, 2015 that Hillary Clinton was using a private email to do all of her government business.


KELLY: President Obama came out within days and was asked whether he knew.  And here's what he said.  


UNIDENTIFIED MALE: Mr. President, when did you first learn that Hillary Clinton used an email system outside the U.S. government for official business while she was secretary of state?

PRESIDENT BARACK OBAMA: At the same time everybody else learned it through news reports.  


KELLY: News reports. So, five days earlier, the Podesta emails show that's completely untrue.  

NAPOLITANO: So, here's another theory as to why Mrs. Clinton wasn't prosecuted. Because the first defense witness to be put on the stand would be the former president of the United States, Barack Obama. You knew this because you used it and you authorized it because here's a couple of hundred emails from you going to her.

KELLY: Uh-hm.

NAPOLITANO: That statement that he made was a boldface lie and we now know the exact -- have evidence of it.  

KELLY: It can't be true because the Podesta email that came out two days after The New York Times broke the story is asking, should we hold back emails between Hillary and President Obama because of his executive privilege. This was at a time when Podesta was working for President Obama before he went over to work for Hillary. So, clearly there were emails to that private email and Podesta knew it. And several days later, Obama comes out and tries to tell us, I just learned about it.  

NAPOLITANO: Do you see how this crowd has degraded the FBI, has degraded the Justice Department and has degraded the rule of law?

KELLY: Well, they certainly have them in fast and loose with the truth, I mean forthcoming with the truth. They have been fast and loose. Judge, good to see you.


KELLY: Again, imagine if you tried to pull this nonsense with your boss and we are their bosses.  

We also have new reporting tonight on a Justice Department tactic uncovered by my next guest. His new report says that when President Obama's DOJ, the same what we've been discussing -- goes after financial institutions, you know, big banks messing things up, the settlement they extract does not always go to the victims of the bank's behavior where it's supposed to go, but instead that money often had right to left-leaning nonprofits who help get Democrats elected.

Joining me now, Peter Schweizer, the president of the Government Accountability Institute and the author of "Clinton Cash." Peter, good to see you. So, just give us an example of how this would go down.  

PETER SCHWEIZER, PRESIDENT, GOVERNMENT ACCOUNTABILITY INSTITUTE: Well, basically, you had a lot of activity by Wall Street firms, some of it which was certainly criminal in 2008 related to mortgage backed securities, et cetera. The Department of Justice decides to take legal action against them and the banks are obviously eager to settle. So they will settle.  And part of that settlement will be that some of the funds may go to the victims of the crime you committed but some of that money is actually going to go to pay restitution in the form of giving that money to nonprofit organizations. And these are nonprofit organizations that are overwhelmingly progressive and serve basically as an adjunct to the Democratic Party.  

KELLY: Well, that's the thing. So, it's like, maybe we're going to save the whales, we're going to clean up the oceans. People like that. But that's not what we're talking about.  

SCHWEIZER: No, we're not. I mean, to give you one example of one organization received millions of dollars is a group in New York called Asian Americans for equality. I mean, sounds like a great idea, right?  The problem is when you look into this organization which got money from banks via the Department of Justice, this is an organization affiliated with the communist workers party.


SCHWEIZER: I didn't even know that the communist workers' party was around anymore. And in fact the organization that received this money is sympathetic to the North Korean regime. I mean, how hard is it to find somebody that likes --

KELLY: Why are we giving them money?

SCHWEIZER: -- you know, the dictatorship there.

KELLY: Why are the Feds giving that group money?

SCHWEIZER: It's a great question. I mean, a lot of it is sort of, get out the vote at, you know, examples efforts. In some cases it's designed for voter registration. The problem is that when you look at the literature of these groups, what they mean by get out the vote or voter registration is progressive voters exclusively and that's the problem.

KELLY: So, can this be stopped? I mean, would you think that the money that these banks have to pay would go, sort of, maybe we could use it toward the national debt, I don't know, something that everyone could agree we need to do.  

SCHWEIZER: No, I agree. I mean, look, I think if there are crimes committed by these banks and by these financial institutions, it ought to go to the victims, the people that were victimized.  

KELLY: That's a novel idea.  

SCHWEIZER: Yes. Exactly. Or, you know, it ought to go to something like the national debt. But to turn it into political activism, you know, is absurd and, you know, it's something that I think requires a Congressional investigation and people at DOJ need to be held into account. As Judge Napolitano pointed out and as you pointed out on your show oftentimes, the Department of Justice is supposed to enforce the laws, not break the laws and create their own rules.

KELLY: Uh-hm.

SCHWEIZER: And that's clearly what this organization has been doing.  

KELLY: You're not supposed to be a political arm of the White House.  That's for sure. Peter, good to see you.  

SCHWEIZER: Thank you, Megyn.

KELLY: You get all of that? You get the general idea. I know you do.

Donald Trump has just wrapped up his fifth and final campaign event of the day in Florida. Florida, I say. We will show you the warning that he sent to the voters there as an 11th woman comes forward to accuse the candidate of sexual misconduct.  

Plus, breaking news on ObamaCare tonight and Perino and Stirewalt will be here on how this plays come Election Day.  


KELLY: Did I mention we're 15 days out from the presidential election?  It's only been 15 months -- actually more, it's been two years, right. And it has been a busy day of campaigning for Donald Trump, five events across the battleground state of Florida, where he cautioned voters on what he says are the phony polls. For more on that, our chief political correspondent Karl Cameron is in Tampa tonight. Carl.

CARL CAMERON, CHIEF POLITICAL CORRESPONDENT: Hi, Megyn. He's putting the pedal to the metal and charging hard in Florida, but it's never good when the politicians start questioning the polls or criticizing the polls. And Donald Trump did do that today, suggesting that the pollsters are weighting their surveys to help Hillary Clinton, and that the media is behind yet another conspiracy designed to do him in. Watch.


DONALD TRUMP, PRESIDENTIAL CANDIDATE: What they do is they show the phony polls where they you know look at Democrats, and it's heavily weighted with Democrats. And then they'll put on a poll where we're not winning and everybody says oh, they're not winning. It's a heavily weighted poll with Democrats.


CAMERON: The truth of the matter is in most polls it's within the margin of error, which is to say statistically insignificant, the difference between the two candidates. Having said that, Trump today seized on the Obama administration's admission that the Affordable Care Act's premiums are going to go up in a big way next year, that he mentioned tonight in Tampa where he had 9,000-plus members in the audience, a big, big crowd.  And should he be able to turn that into a closing argument, making the point that the Affordable Care Act, President Obama's signature issue in his eight years, domestically speaking, has effect, in effect backfired and the prices are going to go up, could be exactly the type of opportunity that Trump needs to turn both the polls around, and the momentum around in this race in the last two weeks. Megyn.

KELLY: Carl, thank you.

Donald Trump facing multiple allegations of sexual misconduct in this race, as he sees his numbers with women continued to plummet, Mr. Trump using his speech at Gettysburg this weekend to issue a threat to the women.


TRUMP: Every woman who lied when they came forward to hurt my campaign, total fabrication.


TRUMP: The events never happened. Never. All of these liars will be sued after the election is over.



KELLY: That warning did not stop an 11th accuser from coming forward this weekend, adult film star Jessica Drake claims she received an unwanted kiss and proposition from the real estate mogul at a golf event in 2006.


JESSICA DRAKE, ADULT FILM STAR: Later that evening, he invited me to his room. I said I didn't feel right going alone, so two other women came with me. When we entered the room, he grabbed each of us tightly in a hug and kissed each one of us without asking permission. He was wearing pajamas.  A bodyguard was also present. After that, I received another call from either Donald or a male calling on his behalf offering me $10,000. I did relate my experiences immediately afterwards to some friends.


KELLY: Now, Trump's response to those allegations is sparking controversy of its own. Watch.


TRUMP: You know, I don't grab them on the -- you know, as they say on the arm and one said he grabbed me on the arm. And she's a porn star. Now, you know, this one that came out recently, he grabbed me and he grabbed me on the arm, oh, I'm sure she's never been grabbed before.


KELLY:  Oh, boy. Well, the Trump campaign communications adviser Jason Miller who we like was set to appear on the Kelly File tonight, but he canceled not long after the campaign asked us if we would bring this issue up tonight and we said, maybe. We're going to talk about Trump's speech at Gettysburg and Trump is the one who brought up suing the women. So we trust that Jason will come back another day. And my memory will kick in and I might ask the question later. That's generally how TV works.  Joining me now, Julie Riginsky, who was brave enough to walk in onto the set, and even when it's bad news for her candidate, she does as well. She is a Democratic strategist, a Fox News contributor. So, this is what all people are talking about.


KELLY: This woman, it got even dicier because she is -- you have to say adult film actress.

RIGINSKY: Is that the PC term?

KELLY: I guess so. Porn star, Trump is right about that. And he's coming under fire for saying I'm sure she's been grabbed before. Give me a break.

RIGINSKY: Well, you know, the slut shaming I think is kind of inappropriate. What she does for a living is what she chooses to do for a living. Being grabbed by somebody is not what I assume she would choose to have happened to her. There is a big difference here, right. On one hand, this is the way she makes her money, whether we would be judgmental or not about that. But it's her decision. It's like blaming a woman for being raped because she's wearing a provocative outfit. And people say she deserves it because she was out there doing provocative things.


RIGINSKY: Those days are over I think.

KELLY: Those attacking her, they say she has sex on camera for money.


KELLY: And so they don't believe her, that she was offended when he offered her money for sex.

RIGINSKY: Well, I assume -- I'm certainly not speaking for her, I have not much experience in this department. But I assume she chose and continues to choose to have sex for money, which is very different than having somebody force themselves on her.


KELLY: But there are two separate issues there.


KELLY: The alleged forcible kissing.


KELLY: And then there's the phone call she says he made offering her $10,000 for sex.


KELLY: Which she was offended by. And some said we don't believe that, we don't believe you were offended.

RIGINSKY: Well, I'm not sure about that. I can leave that to her to decide. I think the forcible kissing is what issue is for me. Despite the fact that she chooses to have sex in front of the camera, it doesn't mean she deserves to be forcibly kissed or forcibly assaulted in any way.  Again, I want to stress, it's her word against his. He deserves the presumption of innocence. It's the way he talks about these women that I take issue with, not what may or may not have happened. We don't know what may or may not have happened. I look forward to the depositions.


KELLY: He's not going to sue anybody. Trust me. He's not. And if he is, it's going to be very ugly. He should not do that. By the way, he didn't say -- he's going to sue them after the election. I assume only if he loses. Otherwise, we're going to have an awkward first 100 days.

RIGINSKY: It's going to be amazing.


KELLY: But you tell me, I have to say, Julie, with all of the coordination we've seen on the Democratic side, I mean like she wants us to believe she's squeaky cleaning with speaking of Disney, he's like Minnie Mouse over there. But she does some dirty stuff, too. And so, it is not impossible that there was some coordination at some level by the Clinton campaign with one or more of these women.

RIGINSKY: Well, two things, one is she does do maybe dirty stuff, but I don't think it's political dirty tricks that we're talking about.

KELLY: Hillary?


RIGINSKY: I'm sorry.

KELLY: Did her campaign coordinate? He says all of this is a hit job, these women came forward you know last month of the election and he thinks Hillary is behind it.

RIGINSKY: I think this is very much like Bill Cosby, where you have a torrent of women coming out, one begets the next, begets the next. I mean, this gives women courage to come out. I have no idea. I doubt this would need to be coordinated. Because I think you have all these unrelated women, some of whom have said they're not voting for Hillary. They don't like Hillary. The Republicans, you have the People Magazine reporter, I don't think it is an attack on Hillary. It's going to put herself through this hell because she is in a tank with Hillary. I think this is reminiscent to me of Cosby who also again we have to presume is innocent until he's proven guilty. But you see this time and time again, where we have one woman being brave enough to stand up and say something, and then, that begets more and more women coming forward.

KELLY: We'll look to follow it, and we will look forward to Jason, returning to the Kelly File. It's not going to be terrible. Great to see you.

RIGINSKY: You're harmless. It's all good.

KELLY: Pussy cat, come on.

Big news breaking on ObamaCare tonight, Stirewalt and Perino are next on how this plays on Election Day. Oh look, they're excited. What's in his hands? It's mini-Jasper.


KELLY: She's converted. She's converted Stirewalt.

Plus, we'll have the story of the high school publicly condemned for the crime of honoring veterans and police officers. We're not kidding. Stay tuned.


KELLY: So tomorrow will mark two weeks until the election. Every time we come back we remind you of that. And the pollsters are predicting a victory, you may have heard, for Secretary Clinton. She now has a five point, it's an average you know lead of all polls in the race, but what if the polls are -- as the Fonz said. We're hearing from a growing number of political forecasters who think they know what's going to happen. And Trace Gallagher has that part of the story from the West Coast tonight.  Trace.

TRACE GALLAGHER, FOX NEWS: And, Megyn, what if the political analysts who say that a Trump victory now would be a bigger surprise than Brexit. We're simply looking at the wrong indicators. For example, in a four-way race including the green party and libertarian candidates, the Investors Business Daily, TechnoMetrica Market Intelligence poll has Trump leading Hillary by two points. And before you dismiss the IBD-TIPP poll, consider it was dead on in the last three presidential elections. And in 2012, the New York Times ranked it the most accurate poll. But experts point out that polling accuracy can be an oxymoron.

On election eve in 2012, Gallup, the inventor of scientific polling, projected Mitt Romney as the winner. Gallup now is out of the business.  And on Election Day of 2004, a full day of exit polling, you know, polling those who just voted, showed John Kerry beating Bush by three points. Then there are the not so scientific rationales for why Trump might win as explained by Eric Trump to ABC News. Watch.


ERIC TRUMP, AMERICAN BUSINESSMAN: When I'm in these states -- and I just came back from North Carolina and I just came back from Ohio, I mean, you can't drive 500 yards without seeing another Trump sign. You don't see a single Hillary sign.


GALLAGHER: And if Trump doesn't win November 8th, he's looking at a landslide victory October 31st where he is reportedly stomping Clinton in Halloween sales. We're told the Trump mask with pursed lips is a huge seller. But then there's the Red Skin rule, which has only been wrong once in 84 years. It says that if the Red Skins win their final home game before the election, the incumbent party retains the White House.  Unfortunately, for Team Trump, the Skins won that game.

KELLY: Fascinating. Trace, thank you.

Breaking tonight, bad news for ObamaCare, and for you if you're on it. As the administration confirms double digit premium hikes that are going to hit millions of potential voters. That comes as polling shows more than two-thirds of Americans think the country is heading in the wrong direction. And the latest campaign surveys indicate that Hillary Clinton's honesty rating is way, way under water. Look at that. They do not think she is honest and trustworthy, 62 percent say N-O. And 34 percent she is.

So why are the experts predicting a Clinton victory on November 8 if they don't believe her, and they hate ObamaCare? Premiums are going up and they don't like the direction, these two know that the co-hosts of I'll Tell You What, here on Fox at 5:00 p.m. on Sundays, Chris Stirewalt and Dana Perino.  Dana is also the author of the new book out tomorrow.


KELLY: Let Me Tell You About Jasper: How My Best Friend Became America's Dog. And we brought a mini-Jasper.



KELLY: And I want to talk about Jasper, but at the end.



KELLY: But I do want to recommend you buy the book sincerely which I have in my house right now.


KELLY: And is beloved already. So ObamaCare, Trump -- he's made some mistakes. He's also done some good things, but not pummeling ObamaCare you know this issue, is probably one of them.

PERINO: Yeah, I've never understood that. Because if you look at 2014 when the Republicans come roaring back to Congressional victories in that midterm election, it really was because of ObamaCare. Even in 2012, they actually did OK in the Congressional races. But in 2014, that's what it was all about. It's not like ObamaCare has gotten better for the people who are on it. There are people who love ObamaCare.


KELLY: Sally Cone.

PERINO: People who don't have health insurance before and are getting the subsidies.


PERINO: And they feel like they're in a safer place, they're in good shape. But for people in the individual market.

KELLY: The 7 or 8 million.

PERINO: The numbers go up, your doctors go away. It's not only the premiums, it's the deductibles. And that's cash out of your pocket.

KELLY: There are people who had insurance before got canceled, because the government said your plan is too crappy. And people said I'll decide whether it's crappy. I'll be in charge of the crappiness label. And the government said screw you, it's crappy.


STIREWALT: I don't remember that part.

KELLY:  And here's a new plan. And people are like, crappier than it had been before. It's 15 day to go. Did I mention it's 15 days to go?

STIREWALT: How many days?

KELLY: Yeah, 15.

STIREWALT: We better get ready.


KELLY: Can that get any traction?

STIREWALT: Mitt Romney's major deficiency in 2012 was not that he was billionaire and corporate rater, it was that he didn't prosecute Obama on ObamaCare. That's why he lost.


STIREWALT: If you wanted to talk about one thing that Mitt Romney did wrong, it was that he was not able because of his track record as the great grandfather of ObamaCare in Massachusetts to prosecute the president on his biggest weak spot.

KELLY: These Republicans, who have been dying to repeal and replace ObamaCare, right now, they control the Senate and the House...


KELLY: They've got a Republican running for president.


KELLY: What do you mean? Why are you saying that?

STIREWALT: Because if Donald Trump talks about ObamaCare, he has to talk about what they he's going to replace it.


STIREWALT: Yeah, replace it with.

KELLY:  He is not that ambiguous.


KELLY: Go figure it out.

STIREWALT: Right. And Hillary Clinton has too saying we'll fix it here and tack up a couple of places.


KELLY: Yeah. But the Democrats are like single payers.


PERINO: But Donald Trump could have utilized the good work that Paul Ryan has done on the issues of policy.


KELLY: He didn't call him after the second debate to congratulate his performance.


KELLY: OK. Speaking of amusing things, so Dana loves her dog. You know, don't you love your dog?


PERINO: Americans love their dogs.

KELLY: You love your dog. And she's written this book about Jasper which she brought over, very generously, to my kids, and they love it so much, it is -- my son sleeps with it in his bed.

PERINO: Are you serious?

KELLY: He looks at it every night before he goes to bed.


PERINO: You're kidding. That is so great. Well, you know, if the election has been hard on you or your family, and you need a little levity, this is a nice distraction for me over the past year. This actually was born out of a chapter that was cut from the first book.

KELLY: Well it's well worth the read. "Let Me Tell You About Jasper." It's very sentimental and sweet. If you own a dog, get it, even if you don't.

STIREWALT: Get it anyway.

KELLY: We'll be right back.


KELLY: A New Jersey high school is under attack from the ACLU after it had the nerve to honor the police and the military at a football game. Trace Gallagher has that report from our West Coast Newsroom. Trace.

GALLAGHER: Megyn, the football game was a conference showdown between Toms River North and Middletown South. The pre-game ceremony was organized by the Middletown deputy police chief Stephen Dollinger and was meant to honor all branches of the military and all local first responders including the New Jersey police officer injured in last month's bombings in New York and New Jersey. It was also meant to respond to pro-athletes like San Francisco quarterback Colin Kaepernick who has taken a knee during the national anthem, with deputy chief saying quote it's OK to stand up for social justice, inequality, and reform. It's another thing to not stand up for the national anthem. The comments drew criticism from the New Jersey ACLU who wrote a letter to Middletown South High School calling the event an effort to intimidate and ostracize saying it was quote being used to send a message about people who express concerns about disparities in the criminal justice system are unwelcome, disloyal, or unpatriotic. A group representing the black law enforcement officers also signed the letter and an ACLU organizer went on to say quote entrance to one of the biggest sporting events in the area should not require that someone accepts an atmosphere that suppresses political protests. The deputy chief believes his comments were twisted by the ACLU saying he respects the rights of everyone as he said to stand up for social justice, but also wants respect for the national anthem.



KELLY: Trace, thank you. Up next, Jasper and yours truly. Don't tell Basha.   


KELLY: So go buy this book, "Let Me Tell You About Jasper." And let me tell you about Jasper, I interviewed him right here on this set on "The Kelly File." And it was ruff, you know what I'm saying, right. And he was a nice guy but his mother was a real -- well, you know. I'm just kidding. We love Dana, who is really Jasper's mom. And you can see he's well read, he's interesting, and he really is America's dog. So go buy this book.  Express some love for Jasper and his momma. See you tomorrow.

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