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The Five

Democrats lash out at Comey over new Clinton email probe

This is a rush transcript from "The Five," October 31, 2016. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: Hello, everyone. I'm Eric Bolling, along with Kimberly Guilfoyle, Juan Williams, Dana Perino, and Tom Shillue. It's 5 o'clock in New York City. And this is "The Five."

Well, Happy Halloween, everybody. Only seven hours left in October, a month that's always filled with surprises during election season. And this October was something for the history books. Democrats are now in an all- out panic after the FBI's 11th hour announcement Friday, Hillary and her allies are singing from the same play book, keeping blame on Director James Comey for the mess she's responsible for.

(BEGIN VIDEO CLIPS)

HILLARY CLINTON, DEMOCRATIC PRESIDENTIAL NOMINEE: I'm sure a lot of you may be asking what this new e-mail story is about and why in the world the FBI would decide to jump into an election with no evidence of any wrongdoing with just days to go. I am sure they will reach the same conclusion they did when they looked at my e-mails for the last year. There is no case here.

TIM KAINE, DEMOCRATIC VICE PRESIDENTIAL NOMINEE: We're asking the FBI director, OK, you violated these two protocols. If you put out kind of a letter and a second letter to kind of backtrack, you owe the public full information.

REP. ADAM SCHIFF, D-CALIF.: That kind of an ambiguity bomb this close to the election was a terrible lapse in judgment.

ROBBY MOOK, CLINTON CAMPAIGN MANAGER: And we find it strange that 10 days out, that he is putting this letter out there.

REP. ELIJAH CUMMINGS, D-MD.: I agree with Eric Holder. I think here, Director Comey made a grave mistake. We all make mistakes. But this is a grave mistake.

(END VIDEO CLIPS)

BOLLING: However, there is one Democrat defending the director, the president. Here is the spokesman.

(BEGIN VIDEO CLIP)

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: The president believes that Director Comey is a man of integrity. He's a man of principle. He's a man of good character. 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. He is in a tough spot. And he is the one who will be in a position to defend his actions in the face of significant criticism.

(END VIDEO CLIP)

BOLLING: All right, KG, so in one comment, the president takes the legs out of the last 72 hours of Hillary Clinton's campaign. I don't know, bashing of James Comey.

KIMBERLY GUILFOYLE, CO-HOST: It's getting awkward -- yeah, on Halloween because that validates essentially that Comey went forward to make the statement. You have the president of the United States saying I'm standing by my guy. He's a man of character and integrity. To me, that's a blow to the Clinton campaign. If I was running her campaign, I would not be happy to hear that because that's the lead today coming out of that press conference. That's the line that everybody has been talking about.

BOLLING: Yeah. How does this play forward? I mean, she literately said no, everything is out there. Hey, go ahead, FBI, release all these. Be careful what you wish for.

DANA PERINO, CO-HOST: The thing is that, that's what everybody has been saying for two years.

GUILFOYLE: Uh-huh.

PERINO: Release everything. And then her team slow walked it for so long. So the timing, it's unfortunate for the Democrats. But I feel like they kind of have no one to blame but themselves. I thought what Josh Earnest said today was one, the presidential thing to do, right, if you are the president of the United States. Also, I think that it shows a big difference between how Hillary Clinton's instincts lead her to attack somebody. Where Barack Obama says don't attack, don't worry about it. The election is fine. We're going to be fine. Let him do the investigation and not be panicked about it. And how does it play going forward? Obviously, the polls were tightening in the last week. We saw that with our own poll, the Fox News poll, where it was plus 7 down to plus 3. And just before we came to air, Larry Sabato at the University of Virginia, changed back three states. They had been tossed up. And then he moved to them to lean Democrat. And now, they are back to tossup just within three days. And those states are very important, Florida, Arizona and Iowa.

BOLLING: Right.

(CROSSTALK)

PERINO: That might help them.

BOLLING: Juan, on the left, there's a collective freak-out going on. If you are watching the news, you will see pundit after pundit saying oh, this is unbelievable. Comey is in the tank. Carville almost started crying on MSNBC that Comey is in the tank with the Republicans in Congress. I haven't seen that guy.

(CROSSTALK)

JUAN WILLIAMS, CO-HOST: I'm sorry I missed that. That would have been entertaining. But I don't think it's a freak-out. To the contrary, I think what you see is that this is what the Clinton campaign is saying. They feel like it has energized their base.

PERINO: Right.

WILLIAMS: That their base now feels like, something wrong here is happening, that the establishment is rigging it, if you will, against Hillary Clinton.

GUILFOYLE: Oh my God.

WILLIAMS: And so, they are saying, hey, what we saw on Saturday was record volunteers turning out and record fund-raising. Those are hard numbers.

PERINO: Yeah.

WILLIAMS: So, I mean, it sounds to me like you know grievance plays well in a populous election. At the moment, the Democrats feel aggrieved. And as for what Josh earnest said, I think, Dana, is so on target. You know what, he played the presidential card. He was like above the fray, forget the static. What he said was, he didn't defend and he didn't oppose what James Comey did. He said James Comey is a good man.

(CROSSTALK)

BOLLING: Exactly opposite to what Hillary Clinton has been saying for 72 hours. Of course, it is.

WILLIAMS: No, it's not, because James Comey is going to have to defend.

(CROSSTALK)

BOLLING: Hillary Clinton said that he brought this, the reopened or re- examined her e-mail scandal based on nothing, no new evidence.

WILLIAMS: That's true. Everybody agrees they didn't have a warrant.

(CROSSTALK)

WILLIAMS: No, no. What Jim Comey.

(CROSSTALK)

WILLIAMS: Let's go over the record.

GUILFOYLE: The 650,000 e-mails.

WILLIAMS: What James Comey did was he did not have a warrant. His agents had not reviewed these documents. All he knew was that the agents investigating what was going on with Anthony Wiener said, oh, there are some e-mails here that may be relevant to the Clinton investigation. And on that basis, without knowing if it's substantive or not, he said.

BOLLING: Oh, come on.

(CROSSTALK)

BOLLING: Are you saying James Comey will reopen an investigation based on not finding any substantive evidence?

PERINO: That's what they are reporting.

(CROSSTALK)

WILLIAMS: Thank you. Let Dana say it. If I say it, everybody will go, Juan. Let Dana say it.

(CROSSTALK)

GUILFOYLE: I do like your tie.

WILLIAMS: Well, thank you.

TOM SHILLUE, GUEST CO-HOST: As I do. But I don't know why Hillary isn't arguing what Juan is arguing. Instead, she was attacking.

(CROSSTALK)

SHILLUE: She got up there in the speech and she said, this is paraphrasing, but she said this is very suspicious that it's coming out now.

GUILFOYLE: Yeah.

SHILLUE: And Obama gave the correct answer. What do you think the reason is? Did her advisors say we have to attack? I don't think it's going to cause.

(CROSSTALK)

SHILLUE: It's going to help turnout. The people who believe that you know Comey is working with Republicans, they were going to turn out anyway.

PERINO: I think Hillary's response is -- it's one of two things. It's either a calculated regrettably necessary step they have to take to assure victory or they don't know how to do anything else.

BOLLING: Or both.

PERINO: My guess is that it's B.

BOLLING: Or both.

PERINO: They had to do something. I think if the shoe were on the other foot and it were a Republican -- imagine it's 2004 and something like this happens 11 days before the election against George W. Bush, I'm trying to put myself in those shoes. What would we have said? What would we have done? And if the election were stacking up the same way, I think he might have said, let's just move on and try to win this election based on the merits. Like what Obama is trying to tell Hillary to do.

(CROSSTALK)

GUILFOYLE: Listen, this is not a good idea. If I'm a heavyweight champ of the world and I'm in the ring with a fighter, I have to keep my eye on him. OK, not try and box the ref and the guy. Now, she's started a fight not only with Donald Trump, who she is trying to knock out, but now with James Comey who just moments before that you were saying was the best guy ever. So it just showed the hypocrisy, and then it also highlights what we have been seeing in Wiki-Leaks, which is her bad judgment that her staff has bemoaned. So none of it is looking good for her, and her judgment to have Huma Abedin with this Anthony Wiener character who apparently they had information that he had this propensity to be a pedophile. You can't stand by and be reckless and have classified material and multiple devices around when America's national security is in play here. That's not good judgment.

BOLLING: Right. Let's do this. Hillary's defenders in the mainstream media are apoplectic about Comey's move. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: He had no duty to send a letter to Congress, period.

UNIDENTIFIED FEMALE: No, but he promised them he would. That's what I'm saying.

UNIDENTIFIED MALE: He promised there was a development. If it leaked -- we hear you are looking at these e-mails. Yeah. They are. They have some. If anything comes out of them, I will tell you. That's the way the FBI usually works, if you get anything out of them at all. So there's no question he is playing politics with this. We will see how it turns out.

UNIDENTIFIED MALE: This is worse than Watergate. This is bigger than Watergate. That reached into every corner of the United States government. That was an incredibly pervasive scandal. And this is obviously a murky situation, not a clear-cut scandal.

UNIDENTIFIED FEMALE: Donald Trump said yesterday that this is bigger than Watergate. Do you know something that we don't know? And how could he know that when the FBI is saying, we don't know what's in these e-mails yet?

(END VIDEO CLIP)

BOLLING: All right. What do you say, Dana?

PERINO: We don't get our answer?

GUILFOYLE: What happened to the answer?

BOLLING: I don't think she answered that one.

(LAUGHTER)

BOLLING: She doesn't have to. She really doesn't have to. James Comey has been on both sides. On one side, on the Republican side, he was kind of a goat for a while when he didn't recommend an indictment. Now, he is the hero. On other side, he was the hero up until you know 11 days prior to the election.

PERINO: Right.

BOLLING: But Chris Cuomo suggesting James Comey is playing politics.

PERINO: They don't know that.

BOLLING: That's a stretch.

PERINO: They don't know that.

(CROSSTALK)

PERINO: The way that Comey handled this on Friday at 2:00 o'clock in the afternoon with this letter did leave the rest of the weekend open to complete and utter speculation, where none of us actually had details. We're getting some information from leaked sources within the FBI. You don't know if those are accurate or not. Basically, we don't have anything to go on. At the same time, what Donald Trump said today at a rally, was that he said to Comey, either she's a crook or you are corrupt, which means basically, he is kind of doing the same thing of attacking Comey and warning him at the same time. So that no matter what happens next Tuesday, he can blame him if he wants to.

GUILFOYLE: Well, I will say this. We have been getting excellent reports from our Fox News team, from Catherine Herridge and Jennifer Griffin, and Bret Baier, from the information that they have been able to get. And their information has historically checked out. So that to me is persuasive. That's number one. Number two, the New York field office has been getting information and reviewing these files as well. So I think he was kind in a bit of dilemma, because it wasn't just his own team's access. It was spread right across from other offices. That being the case, the letter did say he believed the information was consistent with the e-mail investigation. So once they saw it wasn't just involving sexting, there was overlap and then when you do the metadata search, you see it actually goes back to the Clinton.com or private e-mail. Then it becomes relevant. And then you have an obligation.

(CROSSTALK)

WILLIAMS: Look, Bob Goodlatte, he was the top Republican on House Judiciary, he said he spoke with Comey over the weekend. Comey told him that he doesn't know if there's classified information among the e-mails.

(CROSSTALK)

BOLLING: That's not the only type of evidence they may have.

WILLIAMS: That's the key point. Was there classified information?

(CROSSTALK)

WILLIAMS: Let me just finish.

BOLLING: No, no. If there's pay to pay and corruption on the e-mails.

(CROSSTALK)

GUILFOYLE: Catherine Herridge reported that.

WILLIAMS: That's fine, but that's total speculation. The question from the previous investigation was about classified information. The second thing to say here is that it's unusual when you see the Wall Street Journal and the New York Times and the Washington Post agree on anything. All of them this weekend said, James Comey should provide more information, when he enters into a charge like this at the last minute. Finally, you have I think it's -- how many? Former justice department officials, Republican and Democrats saying, what James Comey did is not in keeping with policy from the Justice Department. We know that Loretta Lynch, the attorney general, told him, this is not the way to do business.

(CROSSTALK)

WILLIAMS: And finally, Richard Painter, a top Bush administration official for ethics.

BOLLING: Who was never going to vote for Donald Trump anyway.

(CROSSTALK)

WILLIAMS: He's not a political person.

(CROSSTALK)

BOLLING: I'm not positive for that. I will push back a little bit on that. But here is one thought. Juan points out Comey didn't have the information at his disposal. But the agents certainly did. There were a lot of FBI agents who say we have a lot here, boss. You may want to reopen this investigation. And I believe that great agents should be heard.

SHILLUE: Exactly. AG lynch, I thought she was washed her hands of it.

(CROSSTALK)

SHILLUE: Yes, she said we're going to let the FBI take this. And she said, I have nothing to do with this, because she was caught on the runway that time. Now, she's back in. She shouldn't be commenting at all.

BOLLING: We have to go. But I just want to point, KG was starting to eat some candy before we went to break.

GUILFOYLE: I was opening it to get it ready.

(CROSSTALK)

BOLLING: Election day is one week from tomorrow. There's only one channel to get fair and balanced information on November 8. Tune in to Fox News next Tuesday.

And ahead right here, brand new details on the FBI's investigation from our chief intelligence correspondent. Did classified information end up on Anthony Wiener's laptop? Stay tuned.

(COMMERCIAL BREAK)

PERINO: This weekend, the feds got a warrant to start sifting through 650,000 e-mails on Anthony Wiener's laptop. An intelligence source tells Fox News it's a virtual certainty that new Clinton records are on that computer and likely contain classified information. More now with our chief intelligent correspondent Catherine Herridge, she is live in Washington. Can you bring us up to speed on the latest, Catherine?

CATHERINE HERRIDGE, CHIEF INTELLIGENT CORRESPONDENT: Well, sure, Dana. At this hour, the FBI has begun the process of sifting through these e-mails. They have had forensic specialists and analysts develop a program specifically for this task. And it has specific parameters. An example, names or e-mail addresses that allow them to take this huge universe of data and create a small pool of data. But it was emphasized to me that if they find any records that are new or even partials of e-mails that were previously provided to the State Department, there will be a second step. And that's the time consuming manual step. They call it eyes on. That's when they physically review the record. And if they think there's intelligence that may be classified, they then have to send the e-mail out to the agency that generated the information, because they will have a final say on classification at the time it was sent or received by the server and then held on Anthony Wiener's laptop computer.

PERINO: All right. We're going to take it around the table. We will start with Kimberly.

GUILFOYLE: Excellent job with the reporting, Catherine. I really enjoyed getting your e-mail. I know everyone does. So tell us about the back story on this. It's quite interesting in terms of the amount of time that has passed since they first determined that this information was out there and then the world heard about it Friday.

HERRIDGE: Well, thanks for that question. To take people back to September, there was a subpoena issued in the Anthony Wiener sexting case. And it required him to provide electronic devices to an FBI team in New York. They started going through that device in late September. And they started getting some hits for Huma Abedin e-mails. And they didn't think that much about it at the time, because it was a device in the family home. And then they started to search further. And they started to see records associated with the Clinton server address. They then had to get an additional authority -- you know how that works. It wasn't the original tasking -- to dig a little deeper on the metadata. And that's when they found multiple hits for state.gov records, and then hits associated with the Clinton server address. So this brings us to early October. And it was at that time that our contacts say senior leadership at FBI here in Washington was alerted to the existence of the laptop and also the records that may be relevant to the Clinton case. It's not clear to me at this point whether the three weeks that lapsed from early October, when the FBI director and his deputy Andrew McCabe were notified, to the letter Friday to Congress, whether there was any unnecessary delay or that simply reflects the bureaucracy and the process to get all the evidence together and to get it in a clean fashion, if you will.

PERINO: All right. Juan.

WILLIAMS: Catherine, as I understand it, these e-mails go back three years. Is that correct?

HERRIDGE: What we know from the reporting of my colleague, Bret Baier, is he has a contact close to Anthony Wiener's legal team, that they think the records got on the computer because when they backed up Huma Abedin's smartphone contact list, it backed up the entire device as well as the e- mail records. And there does appear to be a gap on the data. It seems to have stopped about three or four years ago. But it pretty much would cover the period when Huma Abedin was at the State Department and working directly for then Secretary Hillary Clinton.

WILLIAMS: So the follow-up to that is then, does that suggest that it would be redundant with documents reviewed by the FBI?

HERRIDGE: You know, that really, Juan, goes to the heart of this whole thing. How many records on this computer were already provided in the State Department and FBI searches? And how many of them are new? And how many of them are what they call partial? So in other words, and I'm sure you have looked at some of the records online, you will see an e-mail and then you will see a new release of e-mails and you think that kind of looks familiar to me, a little different. That's because there is another response or another forward on that e-mail chain that was not provided initially. It's kind of complicated. But that's the heart of it. Are they new, are they duplicates, or are they partials of what was already provided?

PERINO: Eric.

BOLLING: Catherine, real quick, three quick ones. Answer them very quickly. Is there any indication that the 33,000 missing e-mails may be part of this 650,000 they found?

HERRIDGE: I don't know that at this point.

BOLLING: OK. Was this file really found -- it's been reported it's been found in a file named by someone, Huma or Anthony, as quote unquote insurance?

HERRIDGE: Oh, wow. I wish I knew the answer to that.

BOLLING: Last one, is there any indication Anthony Wiener has turned over any information or is cooperating as part of a deal with the FBI?

HERRIDGE: Our understanding is that he is working with the FBI. But he has not been interviewed by the FBI. I certainly wouldn't characterize it as cooperating in the sense that he has cut a deal with them at this point.

BOLLING: Thank you.

PERINO: All right. Last question to Tom.

SHILLUE: Catherine, this is Anthony Wiener. Any indication as to how many e-mails contain the phrase, what are you wearing?

(LAUGHTER)

SHILLUE: I have a real question. A real question.

GUILFOYLE: Must be that seat.

SHILLUE: I have a serious question. Who do they go to -- when they have to expand the probe, they just find a judge? How do you -- go you go judge shopping?

HERRIDGE: No, you can't go judge shopping, really. You have an expert right at the table with you. You have to go through you know the courts typically to get the authorization to get what amounts really to a new warrant because they had permission to search for a narrow set of data related to child pornography and sexting case. When they found the e-mails related to the Clinton case based here in Washington, they had to get a whole new set of authorities. My understanding is that it would have been done through the court. Because if they don't do that, then the defense can make the argument, the material was not obtained legally.

BOLLING: Yeah.

HERRIDGE: Legally, thank you.

(LAUGHTER)

HERRIDGE: There's your legal expert right there for you.

PERINO: That is the word of the hour, legally. Thank you so much, Catherine. We appreciate you being here.

HERRIDGE: You're welcome.

PERINO: So, is Attorney General Loretta Lynch protecting Hillary Clinton? We know she tried to stop Comey from going public on these latest developments. But now, new reports that the DOJ tried to stop an investigation into the Clinton Foundation as well, we will talk about it next.

(COMMERCIAL BREAK)

GUILFOYLE: Attorney General Loretta Lynch didn't want the FBI director to make it public that he was investigating Hillary Clinton again. She warned James Comey not to send that letter to Congress, but he didn't listen to his boss. The Justice Department didn't only try to suppress that announcement. We're learning it also they ordered the FBI to scale back its investigation on the Clinton Foundation. Apparently, agents spent the last year looking into claims the Clintons were trading access for donations to their charity. The DOJ reportedly ordered them to stand down due to a, quote, lack of evidence. This is significant. And if you recall Catherine Herridge in prior reporting has spoken about, that there is still this ongoing Clinton Foundation investigation. That was never put to bed or to rest, when James Comey made his announcement saying insufficient evidence to move forward with the prosecution of Secretary Clinton. The second question was left open. And now, we're seeing this order was given, Dana.

PERINO: It would be interesting -- I hope that someday the public gets the full story on all of this.

You know, I worked at DOJ for about a year. And I know how reluctant the lawyers and investigators are to speak publically about these matters until they are either -- there is an indictment or there's something more to be said, like closing a case.

GUILFOYLE: Sure.

PERINO: Or there's a development in court. Like, they just don't talk about these things.

But the turf wars inside the Justice Department and the FBI are sort of legendary. You haven't heard about that in the last 15 years or so. I think that's been pretty much tamped down. But I think that culture still exists.

And I don't know what's going on here. But you can imagine there's a delicate dance that is happening between DOJ and the FBI. And whether the -- whether the department, civil servants or political appointees are trying to put pressure on the FBI and then maybe just stop short of actually doing something that they thought might become a bigger public perception problem for them.

GUILFOYLE: So Eric, you're hearing the stories of the unrest amongst the rank and file. The agents that worked so hard on the case were disappointed with the outcome and the announcements of the last investigation. And then continuing forward with this.

It seems like this information was going to come out one way or the other, from the New York office even, and then Comey making this announcement. Kind of bucking the system, I guess, with Loretta, with him getting the stand-down order.

BOLLING: With the e-mail investigation. Don't forget: the ongoing or the alleged ongoing Clinton Foundation...

GUILFOYLE: Yes.

BOLLING: ... investigation, as well.

And let's not forget -- OK, so DOJ overseas the FBI. So Loretta -- Loretta Lynch oversees the FBI. When Bill Clinton, whose wife is the subject of the investigation -- and he is a subject of other potential investigations -- waits on the tarmac for 45 minutes for Attorney General Lynch's airplane to land so that he can board her airplane and then talk to her -- he reports as "We talked about our grandkids and golf." Really? I mean, do you really believe that? And all of a sudden what comes out of that...

GUILFOYLE: With no one else allowed present.

BOLLING: And Judicial Watch is trying to get some of the information around that. And they may at some point. Hopefully sooner rather than later.

But this is all happening at the same time. Right? So you have an ongoing investigation, maybe two, maybe even a third, Anthony Weiner, as well. And the A.G. is meeting with the husband of the subject and maybe even the subject. It's just -- this is what's wrong with politics, and this is what's wrong with the Clintons. They can't help themselves. They believe they're above the law. I mean, if nothing else, I would think that would - that would raise red flags.

GUILFOYLE: Well, reputation and career destroyers, for sure. Loretta Lynch was widely respected before she took this position and this investigation went on. And Jim Comey and Huma Abedin, as well.

Go ahead, Juan.

WILLIAMS: Well, I've just been listening, and I'm kind of surprised. Because I thought you guys were so down on Jim Comey a couple of weeks ago. Now you're all up on Jim Comey.

I think what's telling here is Jim Comey is the same guy. He's pretty unpredictable. I mean, you know, you see people on the right complain about the pressure he put on the Bush administration with regard to surveillance. A lot of people didn't like it when he went after Frank Petrone (ph). A lot of people didn't like it. They think he was guilty of overreach.

OK. So now Jim Comey does this. And you have people in the Justice Department saying, "Hey, you know what? This is not standard. We're not supposed to get involved in politics. We're not supposed to politicize the FBI." Both the Republicans and the Democrats...

BOLLING: How is it politicized?

WILLIAMS: Aer you kidding? Eleven days before an election? That's pretty obviously politics.

BOLLING: He said if he found evidence, he was going to bring it forward. He promised that.

WILLIAMS: No. This is an intervention of a major sort that has definitely disrupted this political cycle.

GUILFOYLE: What is -- what's his reasoning to do it?

BOLLING: It's not purposefully, though.

WILLIAMS: Well, that's what the president is saying. You sound like President Obama. But the fact is that he did it. And that is not standard operating procedure.

And that's -- by the way, Kimberly said that Loretta Lynch, the attorney general, ordered him. She didn't order anybody. In fact, people think that she didn't order because she feared that he might resign. And if he resigned, it would have been an even bigger bombshell.

PERINO: He's always threatening to resign.

WILLIAMS: Right. OK.

GUILFOYLE: Tom.

SHILLUE: Republicans shouldn't have complained about Comey back in July. Democrats shouldn't be complaining about him now. Even just politically, it doesn't make sense.

Republicans had enough. Comey -- he explained so many things...

PERINO: Right.

SHILLUE: ... that Hillary Clinton did wrong. Republicans should have not attacked Comey. They should have come out and said, "Let's look at what he said."

PERINO: Yes.

SHILLUE: And then listed the 400 things he said that are, you know, an indictment of Clinton. And basically saying...

GUILFOYLE: They did that, too. Trey Gowdy did that.

SHILLUE: They should have spent all their time. Because all the time they spent attacking Comey was a waste.

WILLIAMS: Well, that's the -- I think that's the seedbed of his error. Instead of simply saying, "We made a decision. Here it is," he explained it and said, "Here is where I found her at fault."

BOLLING: Unless they find new evidence, Juan.

WILLIAMS: Listen, 11 days...

BOLLING: Compelling new evidence.

WILLIAMS: He has not found any. Compelling new evidence, he has zero.

BOLLING: In your world, he should take this new evidence that he just finds and put it in his pocket until November 9?

WILLIAMS: He has no evidence. Where is the evidence? By his own admission he has no evidence. It's just there's e-mails in the computer.

BOLLING: In the middle of an investigation you can't turn over what you have as partial evidence, "Hey, look at this little thing we found." They're still working on it.

WILLIAMS: They're still working at it, but they don't have anything, and they're telling the American people...

GUILFOYLE: By the way...

WILLIAMS: ... suspect one candidate. That's unfair.

BOLLING: You can defend her all the way...

WILLIAMS: I would never defend somebody who is doing something wrong.

BOLLING: She was caught with stuff, and you'll still say it's someone else's fault.

WILLIAMS: If she had something red-handed, I'd say, "Go Eric."

BOLLING: But you don't know.

WILLIAMS: But Eric, she's got zip.

GUILFOYLE: All right, all right.

BOLLING: Clearly, Comey is not going to take the chance on his career and his life and his legacy if he has nothing.

WILLIAMS: Well, guess what? The Republicans went like crazed dogs after Comey back in July. Didn't they?

GUILFOYLE: And I got two here. Going to put the hose on them.

All right. In light of these developments, should Democrats reconsider their support of Hillary Clinton? Some are. And one in particular. Longtime backer has her -- him next. That is so wrong.

(COMMERCIAL BREAK)

WILLIAMS: Welcome back. Most Democrats who backed Secretary Clinton from the start have not wavered, despite the numerous scandals that have plagued her candidacy.

(BEGIN VIDEO CLIP)

SEN. ELIZABETH WARREN (D), MASSACHUSETTS: We're here today with someone who gets up every single day and fights for us. Someone who has spent her life fighting for children, spent her life fighting for women, spent her life fighting for families.

Hillary Clinton fights for us.

MICHELLE OBAMA, FIRST LADY OF THE UNITED STATES: Hillary doesn't play. She has more experience and exposure to the presidency than any candidate in our lifetime.

JOE BIDEN (D), VICE PRESIDENT OF THE UNITED STATES: Hillary is maybe the most prepared person to run to be president of the United States of America. She knows what we need to do.

BARACK OBAMA (D), PRESIDENT OF THE UNITED STATES: You've got somebody who is as qualified as has ever run for the presidency, Hillary Rodham Clinton.

(END VIDEO CLIP)

WILLIAMS: Doug Schoen was among them, but the former pollster for President Clinton tells FOX News he's not sure he can vote for Hillary now.

(BEGIN VIDEO CLIP)

DOUG SCHOEN, FORMER POLLSTER FOR PRESIDENT BILL CLINTON: If the secretary of state wins, we will have a president under criminal investigation, with Huma Abedin under investigation, the secretary of state, the president- elect, should she win under investigation.

Harris, under these circumstances, I am actively reassessing my support.

Harris, I'm deeply concerned that we will have a constitutional crisis if she's elected.

UNIDENTIFIED FEMALE: Wow.

SCHOEN: I want to learn more this week, see what we see.

(END VIDEO CLIP)

WILLIAMS: So Tom, you see what Doug Schoen said. And then, of course, I read a piece -- I think it was by John Cass -- who said, "You know what? Democrats should push Hillary aside and have Tim Kaine as the candidate." What do you think?

SHILLUE: Well, look, I mean, the Democrats -- we forget how divided they were back, you know, with the Bernie folks. A lot of Democrats don't like Hillary. And no, they don't want to spend next four years with, you know, questions hanging over. I don't think -- I don't think it's a serious thing. You know, Hillary stepping aside. And so one thinks she would ever do that anyway.

But I think we talk a lot about the fracture in the Republican Party now. And obviously, that's, you know, out front. Everyone knows what's going on in the Republican Party.

PERINO: Yes.

SHILLUE: But there is a fracture in the Democratic Party that is coming. And it's the Bernie bros and the kind of socialists -- the socialist wing of the party isn't happy. They don't like the Clintons. They don't like the way the Democratic Party has gone. And so there's a coming rift in that party, as well.

WILLIAMS: I think that's exactly the target.

GUILFOYLE: Because Bernie got robbed. That was rigged, too.

WILLIAMS: OK.

GUILFOYLE: Well, it's true.

WILLIAMS: I don't think so. But...

GUILFOYLE: It's in e-mails. Let's make sure Debbie Wasserman Schultz and Seamus (ph) and everyone are all aligned to, like, lock it in for Hillary to get the nomination. I'm just saying.

WILLIAMS: OK. Dana, but over the weekend, you know, despite what we heard from Doug, it did not appear in the polls that there had been any loss of Democratic support for Clinton.

PERINO: Hard to tell, actually. So there's been three national polls since the news came out. Those haven't shown any movement. Bu there was a Washington Post-ABC poll that showed that there was. Like, a third of the Democrats they polled are like, "I don't know. I'm, like, not comfortable with this."

But remember also that about 20 percent of the vote has already taken place. So that's why there's -- there's early voting in a lot of states. Nevada is one of them. That's where she seems to be doing well. He is doing very well in Florida. North Carolina seems to be where she's up a little bit. There is no early voting in New Hampshire, Pennsylvania or the northeastern states. So we'll have to wait and see.

I do wonder, though, about something that was said earlier at the table. Does this decrease turnout for Democrats or turn -- make sure that they turn out, because they're going to be worried that she could actually lose because they were getting a little too cocky a couple weeks ago talking about transition periods? Now they thought that they didn't have to come out to vote, are they going to be more motivated to get out? And they have the apparatus to do that.

WILLIAMS: That's what Robby Mook was saying.

Now Eric, when you look at these numbers, you see that not only is it the case that I don't think the polls show much movement, but you still have President Obama, Michelle Obama, Elizabeth Warren that we saw. I even heard that in Ohio, Jay-Z is giving away free concert tickets to people who register.

PERINO: Gosh.

BOLLING: You know what they say? Once you lose Doug Schoen.

GUILFOYLE: I think that was significant. I think it was significant. I do.

BOLLING: However, I will tell you...

GUILFOYLE: He is very widely respected.

WILLIAMS: I agree.

BOLLING: The polls, I think if you look over the last couple -- the momentum -- and again, I've said from the very beginning, the polls -- I just don't like them, because you can play around with the D-plus-five, D- plus-nine, D-plus-12. You can play those games. But they are -- if you look at the battleground states, they've all tightened.

But I will tell you, if you're a Bernie Sanders voter and a Bernie Sanders person, you've got to be mad at what we found out about Donna Brazile today, who she sent questions from the debate. Before a town hall is one thing. Now it's questions from a debate. And CNN, to their credit, fired her today, which is -- which is great.

However, if you're a Bernie Sanders voter, you go, "I can't vote for her. She -- she took my candidate out of the game." So at worst case, if you can't vote for Trump, you don't vote for her.

WILLIAMS: You think you have any ulterior motives in saying this?

BOLLING: Listen, if you're a Bernie Sanders voter, will you vote for someone who rigged -- who won it by default?

WILLIAMS: Oh, stop. Clinton addressed an FBI new investigation of her e- mails today, and so did Mr. Donald Trump. Hear his take next.

(COMMERCIAL BREAK)

SHILLUE: Earlier, you heard Hillary going after the FBI director again about her e-mail investigation. Here's what Trump had to say on the trail today.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL NOMINEE: Hillary is the one who broke the law over and over and over again. We can be sure that what is in those e- mails is absolutely devastating. And I think we're going to find out, by the way.

Thank you, Huma. Thank you, Huma. Good job, Huma. Thank you, Anthony Weiner.

Hillary is not the victim. The American people are the victims of this corrupt system, in every way. And this is your one chance, right now, November 8, to change it.

(END VIDEO CLIP)

SHILLUE: Kimberly, Hillary is not the victim. That's a good line?

GUILFOYLE: It's true. But I mean, she's the perpetrator. She's a master of this web, pun intended, with this little set dynamic decoration.

The thing is, he's got to hit that theme about the corruption, about not trusting the government, look what's happening here. And then putting that -- like, the power in the voters, the American people, to make a difference. The language that he was using was very popular at his rallies. Drain the swamp. Get rid of the corruption. Turn Washington on its head.

Let's show them that this is government for the people, by the people. It's not about being rigged. It's not about business as usual and corruption. And the "C" in Clinton stands for corruption. That's what he has to say.

SHILLUE: Juan, he's mentioning Watergate a lot, too. What do you think then?

WILLIAMS: Well, I don't -- I mean, he says he has evidence or he knows there's evidence in the letters, and he says it's the equivalent of Watergate. Do I think I'm hearing hyperbole?

SHILLUE: He said, "Believe me, Juan." He said, "Believe me."

WILLIAMS: When he wasn't throwing the black guy out of his conference there, yes.

SHILLUE: Eric, look, the -- Kellyanne Conway said they weren't going to focus on the e-mails. But it looks like he is.

BOLLING: He's -- I think he's doing exactly what -- the best part of this for me is that he's off the rigged thing. Just -- that was never a winning strategy. I didn't like anything about it. And like the rigged voting booths.

I like the part where the mainstream media is biased. But you can say biased without saying it's a rig. My problem with the rigged thing was that, if you're a Trump voter and you're on the fence, "Am I going to get out and go vote on Tuesday -- next Tuesday, I may stay home because I thought it's rigged." Anyway, I think get off that message and get on this message.

Kimberly, drain the swamp.

SHILLUE: It's not rigged anymore. Right?

PERINO: Wait until tomorrow.

SHILLUE: OK.

PERINO: Six more hours left in the day.

I look at where they're going. She's in Ohio. That tells me that it's probably closer there than she -- than she thought. She's probably not as comfortable as she was before. So she's got to go to Ohio, try to shore that up. And I look at him going to Michigan. I think it's unlikely that he could win in Michigan. He's down 26 points in Oakland County. McCain lost that by 26 points. Romney lost it by 8. It's the second largest county in the state, and it's a bellwether. So Michigan could be a head fake by the Trump campaign to make Hillary Clinton think she's got to spend money somewhere else.

SHILLUE: OK. "One More Thing" is up next.

GUILFOYLE: So interesting.

(COMMERCIAL BREAK)

BOLLING: Time for "One More Thing" -- Dana.

PERINO: All right. You know it's Halloween, so it's time for this.

(BEGIN VIDEO CLIP)

PERINO: Dana's Corny Joke of the Day.

(END VIDEO CLIP)

PERINO: All right. Are you ready?

BOLLING: Yes, ready.

PERINO: That's my laugh track. Why are ghosts so bad at lying?

SHILLUE: Why?

BOLLING: They're transparent.

PERINO: Because you can see right through them.

I think Greg would be good on these. Tom, I expected more out of you.

SHILLUE: Wow.

PERINO: All right. What did the skeleton say before dinner? Bone appetite.

BOLLING: Well done, well done.

GUILFOYLE: That's actually a good one.

PERINO: OK. I'm expecting Kimberly to get the answer to this one.

GUILFOYLE: Is that jalapenos?

PERINO: No, jalapeno business. OK. Which ghost is the best dancer?

GUILFOYLE: Oh, because it has dancing in it?

PERINO: Which ghost?

GUILFOYLE: Ghostbuster?

WILLIAMS: No.

PERINO: The boogie man.

GUILFOYLE: Oh, man.

Think like ghost buster, bust a move.

BOLLING: Wildly corny. OK.

SHILLUE: They were written in 1977.

GUILFOYLE: All right. It's what you have been waiting for. Kimberly's Food Court.

PERINO: There we go.

WILLIAMS: It worked.

GUILFOYLE: All right. We're like one out of 100 in getting that. Right? So I'm super excited. All right. So everyone is happy Halloween today. We love it. Trick or treat. So the producers were asking me what my favorites are. So I'm pretty excited, because Twix, Reese's, for sure. Dana, you know that.

PERINO: Love those.

GUILFOYLE: Snickers, Starburst, Skittles, Kit-Kat. Write me on Facebook, what's your favorite? I also like Sweet Tarts. I also like Twizzlers.

BOLLING: Is there one you don't like?

GUILFOYLE: I got in a lot of trouble during the show for making wrapper noises. What else was I supposed to say to this, just...?

BOLLING: Do you like Almond Joy?

GUILFOYLE: What? Oh, I don't like the Almond Joys. And I pick them out and gave them to Dana's bucket.

PERINO: This is the bucket of things I won't eat.

GUILFOYLE: As long as it's not a bucket of deplorables.

WILLIAMS: All right, all right.

BOLLING: OK. Do this. So a lot of people were wondering what would it take for an impeachment. I'm thinking about if Hillary Clinton is elected president -- president-elect becomes indicted and then convicted of a felony. If she didn't step down, what would it take to impeach her?

First, you have to prove on the grounds. And they could be treason, bribery or this one, high crimes and misdemeanors. It's the one that encompasses quite a few things. First, it would go to the House, and it's a simple majority in the House.

Once the House agrees, they would send it over to the Senate. You would have to have a hearing. The articles of impeachment go to the Senate. They would have a hearing. And then two-thirds of the Senate would have to agree to impeach the president-elect.

And then, of course, Hillary Clinton could pardon Hillary Clinton if she really wanted to.

PERINO: Really?

BOLLING: There have only been two presidents that have been impeached, Andrew Johnson in 1868 and one William Jefferson Clinton in 1998.

Juan, you're up.

WILLIAMS: We have to get those pictures back in "Playboy" so you have better fantasies. Anyway...

GUILFOYLE: Oh, my gosh.

WILLIAMS: It was a great weather weekend...

GUILFOYLE: This doesn't happen on "Special Report."

WILLIAMS: ... for the Marine Corps Marathon in D.C. And my pal, Mary Katharine Ham, who lost her husband Jake in a charity bike ride accident last year, she decided to run the Marine Corps this year in honor of her husband. And guess what? Mary Katharine raised $37,000 for the Travis Manion Foundation, which supports veterans and their families.

The foundation was named after her husband's former naval academy classmate, Travis, who died while serving as a Marine in Iraq.

Mary Katharine, of course, is the mother of two beautiful little girls. And she cheered mom on.

I just want to say from all of us here, Mary Katharine, congratulations. We are so proud of you. You are a fighter and an inspiration.

GUILFOYLE: God bless her.

BOLLING: Tom, you're up.

SHILLUE: Speaking of beautiful girls, Agnes and Louise, let's take a look at them. Bellatrix and Harry Potter.

PERINO: Very cute.

SHILLUE: Look at that. That Bellatrix is a little too close, I think, for me.

And let's look at their candy. They separate them on the floor. Look how much faith they have in Dad. That's what they left out last night on the floor. That's Louise's stash.

PERINO: Did you take any?

SHILLUE: No. That's -- that's Louise's. And that's Agnes's. No, I don't take any.

BOLLING: All right. We've got to go. We've got to say good-bye. "Special Report" coming up next.

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