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Kelly File

Rep. Chaffetz on Clinton investigation, his vote for Trump; Kallstrom on reports of Clinton Foundation investigation

This is a rush transcript from "The Kelly File," November 3, 2016. This copy may not be in its final form and may be updated.

MEGYN KELLY, HOST: Breaking tonight, just five days out from Election Day, and we are seeing dramatic new shifts in polling. Possibly putting Donald Trump closer to victory than ever before.

Welcome to "The Kelly File" everyone, I'm Megyn Kelly. All across the country we are seeing signs that battleground states are tightening or even flipping in Trump's favor. It has happened as we watch an explosion of negative headlines concerning Hillary Clinton's emails and her Clinton Foundation. And we have produced an exclusive state by state look at just how big the shift has become for you this evening.

In moments, we'll be joined by Professor Larry Sabato who tonight is looking at whether Mrs. Clinton's lead is in fact collapsing. And then we'll be joined by Governor Mike Huckabee and former Clinton staffer Mo Elleithee with their take.

But we begin the evening with Trace Gallagher reporting on our new battleground analysis from our West Coast Newsroom -- Trace.  

TRACE GALLAGHER, FOX NEWS CORRESPONDENT: And Megyn, let's begin in the critical battleground state of Florida. Because for Donald Trump, winning Florida's 29 electoral votes is not a luxury, it is a necessity. On October 28th, the Real Clear Politics average of all polls in Florida had Hillary Clinton leading there by 7/10ths of a point. Today, Donald Trump is leading by 3/10ths of a point. Clearly, it remains a dead heat but it's a full one-point swing in the wrong direction for Hillary Clinton.

Now to Ohio. On October 28th, before the Comey email announcement, Donald Trump was leading in Ohio by a point and a half. Now Trump has expanded his lead to 3.3 percent. It's also interesting that Trump is polling nearly even with Hillary Clinton among women in Ohio. A demographic the Clinton campaign thought she would dominate. Last week, Hillary Clinton led in North Carolina by nearly two and a half points, today the RCP average has it dead even. And it appears Republican holdouts in North Carolina are beginning to back Donald Trump.

In Nevada, Hillary Clinton was leading by just over a point and a half, but after a three and a half point swing, Donald Trump now leads in Nevada by two. And according to a new CNN Opinion Research Corporation poll, Trump's trustworthy numbers in Nevada are rising. Clintons are falling. And let's finish in the battleground states where the numbers have swung the most.  Arizona and New Hampshire. In both states, Hillary Clinton has lost about four and a half points. She is still holding a small lead in New Hampshire, but has relinquished her lead in Arizona. The bottom-line is that more than 60 electoral votes that appeared to be on Hillary's side of the table last week are now back in play -- Megyn.

KELLY: Trace, thank you. As we mentioned, Larry Sabato's electoral map has changed dramatically over the past two weeks. And he is now predicting a much tighter race. Larry is the director of the Center for Politics at the University of Virginia.

Larry, good to see you. So that's the question we begin with, is she collapsing? Is her lead collapsing? I have to be specific given what we saw on September 11th.  

LARRY SABATO, UVA CENTER FOR POLITICS DIRECTOR: No. I don't think collapsed is the right word at all. She has drifted down, but not by much.  What really has changed is that Republicans have pushed Trump up. They've finally come to his standard. They have been reluctant, at least a fair portion of them have been reluctant to support him. And now that they're faced with that binary choice, Clinton versus Trump, they're coming home to the Republican Party even if they're not crazy about the nominee.

KELLY: So where do you see her most vulnerable? Because last night on this program, we got late breaking polls that showed New Hampshire, that showed Virginia and Colorado, we'll get to New Hampshire in a second. But Virginia and Colorado with major shifts. I mean, Virginia suddenly showed Trump up three I think it was. But Trump up and in Colorado as well.

SABATO: That was one poll in Virginia and I don't want to criticize fellow academic institution, but that is not one of the gold standard polls in Virginia. Clinton is still up in Virginia.

KELLY: What he's trying to say is --

(LAUGHTER)

SABATO: Well, you said it, not me, Megyn. But she's still up in Virginia.  She's also still up in Colorado. Look, you always have to look at the dates that the interviewing was in the field. And in Colorado, in Virginia, and elsewhere, I've seen the dates coincide almost precisely with the bombshell from FBI Director James Comey. That pushed Clinton down far a bit. You recover, especially in a campaign like this where the subject changes daily, sometimes hourly. She hasn't come all the way back up, but she's come back enough so that she's stabilized --

KELLY: Wait a minute. So, you've seen evidence of Hillary recovering since last Friday's bombshell? Because we've had, you know, a hell lot of ongoing reporting on this.

SABATO: Well, in some states, Megyn. Well, yes, you've had a lot of ongoing reporting, but there's been reporting on lots of other issues.  Now, it's made a difference in Ohio. Which leans to Trump. It's made a difference in Iowa, Arizona is a perfect example of the state that has a lot of Republicans, some of them were on the sidelines, now they've come home. The state's leaning to Trump. But as Trace said, Florida is a total toss-up, anybody who's predicting that --

KELLY: What about New Hampshire? You know, everybody said Florida, we just don't know. What about New Hampshire?

SABATO: New Hampshire seems to have changed and tightened up. Is that really a surprise? Think about New Hampshire's record over the years.  They seem to enjoy confounding appendance for which they should be severely punished -- Megyn.

KELLY: I detect just a note of bitterness there, Larry. Great to see you.

SABATO: Yes. Thanks so much, Megyn.

KELLY: Joining us now with more, Trump supporter, FOX News contributor Governor Mike Huckabee and founding executive director of Georgetown's Institution of Politics and former traveling Press Secretary to Clinton's 2008 campaign, Mo Elleithee. Great to see you both.

So, let me just ask you about that Mo. Let me start with you first as a Democrat whether you think Larry has it right that these Republicans are coming home and that the race is tightening, but it's not tightening so much that she's now losing.

MO ELLEITHEE, GEORGETOWN UNIVERSITY: Yes, I think that is right. I think there are, Trump had been struggling a little bit with Republicans. He wasn't hitting the proportion that past Republican nominees had gotten among Republican voters. That seems to, that ship seems to be righting for him a little bit right now. But as we all know, there's not -- that's not enough. And we haven't seen a collapse in Clinton's support in any real way.

We see Trump gaining ground, she's still doing very well in a lot of these states. I'm getting a little bit of whiplash these days just trying to keep up with all these state polls. And a lot of times we're getting three or four polls in the same state on the same day showing very different results --

KELLY: Before I go to the Governor, would you believe that these late polls? You know, I mean, so close to Election Day?

ELLEITHEE: Yes. Here's the real challenge and we saw this in 2012 with these late battleground states polls. It is hard for them to take into account the impact of their early voting that's going on.

KELLY: Is that a significant factor? Should we be paying attention to that?

ELLEITHEE: I think we do need to. And when you look in a state like Florida where just in the last 24 hours, we have seen a huge surge in the black early vote, we've seen a huge surge in Broward County, a huge Democratic stronghold in this state. That makes a huge difference in a race that's as tight as Florida is right now, and the polls may not be picking up on that.

KELLY: Uh-hm. Governor, do you think -- I said on the air last night, she's so glad that the election is November 8th instead of December 8th, you know, it's like given the momentum that we're seeing here. But do you think, and what do you base it on that that Trump can get this done by November 8th? Because he doesn't have that extra month.

MIKE HUCKABEE, R-FORMER ARKANSAS GOVERNOR: Megyn, he's going to get it done. I've said for months and I believe it now more than ever. He's going to win the election and part of what I base it on, look at the two candidates on the stump. He's the happy warrior. He's out there having fun. He's doing so many events a day, but he's having fun. Hillary is not having fun. I mean, the difference is this.

You have Trump who looks like the happy warrior, Hillary looks like the lady who didn't give anybody candy on Halloween. Shut her door and turned her lights off. So your choice is the Trump or the grump. And I'm telling you, Americans want vote for somebody that looks like that they're going somewhere, not somebody who looks like they're sorry that they've been somewhere.

KELLY: Okay, but --

HUCKABEE: That's the difference.

KELLY: The only thing we saw with Trump this week, yesterday that I have to point out to you. He went after Marco Rubio and Christie, his surrogate did for being a robot in the primary campaign. And we saw a moment of Donald Trump seeming a little programmed that she hit him on where he was saying, what was it, be steady, Donald, calm, stay calm, Donald. She reiterates it, watch.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, D-PRESIDENTIAL NOMINEE: Now he knows we can see and hear him, right? This is someone who at another rally yesterday actually said out loud to himself, stay on point, Donald. Stay on point. His campaign probably put that in the teleprompter, stay on point, Donald, stay on point. So is this someone we to want put in charge of our military?

(END VIDEO CLIP)

KELLY: Go ahead, Gov.

HUCKABEE: Donald Trump was making fun of himself. That's the indication of a guy who's out there having a good time.

KELLY: Uh-hm.

HUCKABEE: He's able to point fun of himself. Hillary on the other hand is under criminal investigation. No wonder she's nervous --

KELLY: Yes, that would make you grumpy. What states are you going to be looking, Governor? I mean, if you, pick the top three that you are going to be focused on on Tuesday night.

HUCKABEE: Certainly Florida, I think. But he's going to win Florida. The panhandle will vote for Donald Trump, 80 percent, and help overcome some things on the I-4 corridor and South Florida. I think another state to watch is going to be North Carolina. Trump will win North Carolina. And I would give you a third one, Pennsylvania. Let me give you a little quick anecdote from North Carolina. Friend of mine was passing out voter guides at an early voting booth in North Carolina.

People were lined up and a Democrat was also passing out a Democrat version of a voter's guide just where do the candidates stand on an issue? People were taking the Republican voting guide. Nobody was taking the Democrat guide. The Democrat worker came over to my friend who was running the Republican side and leaned over and said, gee, nobody is taking my voter guide. And I don't blame them. That was pretty powerful.

(LAUGHTER)

KELLY: You better hope that's happening all over the country in every single state. Before I let you go, Mo, your top three states you're going to be watching on Tuesday.

ELLEITHEE: I'm going to agree with the governor on two of them. I think North Carolina and Florida. The later into the night those go and I think they're going to go pretty late. You know, that could tell us a lot. I'm also looking out west at Nevada. There's very few scenarios right now where Donald Trump can win this without winning Nevada and the Democratic turnout in Clark County, the home of Las Vegas, is coming in pretty high.  So that could tell us a lot as well.

KELLY: He's up two. She was ahead, he's up two now according to the latest polls in Nevada. Great to see you both.

HUCKABEE: Thanks, Megyn.

KELLY: Breaking tonight with all this news coming out of the election and the investigation we're told into the Clinton Foundation, the House Oversight Committee today took steps on its own investigation.

And Oversight Chairman Jason Chaffetz is next with some breaking news of his own.

Plus, former FBI Assistant Director James Kallstrom has been taking heat after he stood up for the agents who want to investigate the foundation.  He is here.

(BEGIN VIDEO CLIP)

JAMES KALLSTROM, FORMER FBI ASSISTANT DIRECTOR: The FBI getting a black eye is not the agents. It's not the guys that work there and the girls that work there and the ladies that work there. You know, it's the people that run the organization for whatever reason, did what they did.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KELLY: Breaking tonight, new reports that the FBI has discovered new e- mails from Hillary Clinton's time as Secretary of State. The messages were discovered on the laptop of disgraced former Congressman Anthony Weiner.  He is now the estranged husband of long time Clinton aide Huma Abedin. The FBI seized his computer in an unrelated investigation and apparently stumbled across the Clinton-related emails. In moments, in an exclusive prime time interview, we'll speak with the chairman of the House Oversight Committee, Congressman Jason Chaffetz about new steps he took hours ago in the investigation.

But first, we go to our chief intelligence correspondent Catherine Herridge with the breaking news. Catherine.

CATHERINE HERRIDGE, FOX NEWS CHIEF INTELLIGENCE CORRESPONDENT: Well, Megyn. The law enforcement source tells FOX News that there are new e- mails on the computer and a strong belief among agents that classified information is in play, though that's not final yet. This does conflict with the Clinton camp's position that the emails were all duplicates of what have they already provided to the State Department. We're also hearing tonight from a 16-year veteran, an FBI whistleblower who says Director Comey's July decision not to recommend criminal charges for the mishandling of classified information in the email case was a body blow for investigators who believe the evidence was strong.

(BEGIN VIDEO CLIP)

ROBYN GRITZ, FORMER FBI AGENT: The moral went down pretty bad. A lot of people put a lot of hard work into that. And they -- these again, are the cream of the crop. They are very good investigators. Got a little bit better with the recent announcement. Appears, however, some people are embarrassed because it does make them look like, you know, they messed up or something.

(END VIDEO CLIP)

HERRIDGE: The second track at the FBI investigation is the Clinton Foundation, and allegations of public corruption. We're learning tonight that arguments over the strength of the evidence in the foundation case drove a wedge between FBI agents and Justice Department officials who wanted it dropped. And during his July testimony, Director Comey was noncommittal about the probe which was ongoing.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Did you look at the Clinton Foundation?

JAMES COMEY, FBI DIRECTOR: I'm not going to comment on the existence or nonexistence of any other investigations.

(END VIDEO CLIP)

HERRIDGE: And FOX News learning tonight that the remaining FBI interviews from the email case will not be provided to Congress right now because the email investigation is now pending and no longer considered closed -- Megyn.  

KELLY: Uh-hm. Catherine, thank you.

Joining us now in an exclusive prime time interview, chairman of the House Oversight Committee Jason Chaffetz who earlier today sent this letter to Attorney General Loretta Lynch ordering justice to preserve all new records in this ongoing investigations of Hillary Clinton. Great to see you, Congressman.

REP. JASON CHAFFETZ, R-UTAH, CHAIRMAN, HOUSE OVERSIGHT COMMITTEE: Thanks, Megyn.

KELLY: So, you expect that they will abide by that and make sure that the records are preserved because they apparently haven't been by everyone on Hillary's team in the past.

CHAFFETZ: Yes. Well, Bob Goodlatte is the chairman of the Judiciary Committee, I'm the chairman of the Oversight Committee. We put the Department of Justice on notice that they are to preserve all of these documents that they may find in these other investigations. Now, a lot of this we've read about just in the media. But we put this in place as another step to make sure that no other records are destroyed, displaced, done anything other than preserved them. Because Congress essentially the American people are going to want to look at them at some point.

KELLY: Uh-hm. Because the FBI has its investigation, but you also have an investigation going into whether she misused her power as secretary of state and perhaps jeopardized confidential documents or state secrets of some sort. You said something today that got some attention saying that this is going to take -- you've got two years' worth of material all lined up if she becomes president. Does that mean, I mean, if she is elected, you're saying we're in for at least two years of investigations into her?

CHAFFETZ: Well, look, no matter if she's elected or defeated, the Congress has a job to do. And that is to clean up the mess that Hillary Clinton made at the State Department. This is potentially one of the largest breaches of security in the history of this State Department. You had classified material that was migrating to a non-classified system. You have allegations of a quid pro quo discussion between the undersecretary of management, Patrick Kennedy and the FBI --

KELLY: Yes. What about him? What about him? Do you guys investigate him because it's all focused on Hillary right now but Patrick Kennedy --

CHAFFETZ: Oh yes. No.

KELLY: How is he going to be held to account?

CHAFFETZ: Look, we're going to expose this. We're going to shine light on it. That's what we do in the United States of America. We're different than the rest of the world. We are self-critical. And I have a constitutional duty to be the tip of the spear to be that check and balance on the executive branch. I'm not here to be a cheerleader for the President and shame on those Democrats and the others who say, oh, we should just back off if she's elected. No. No matter what happens in this election, we're going to work to hold her accountable. She's the one that created this mess.

KELLY: What about -- I have to ask you about the fact that you say you're voting for Donald Trump. You said just earlier last month, October 8th, the day of the "Access Hollywood" tape breaking, I'm out. I can no longer endorse Donald Trump for president. And you talk about your 15-year-old daughter saying, you can't look her in the eye and tell her that you endorse this man when he acts like this.

CHAFFETZ: Yes.

KELLY: So, you know, I realize voting for him is different than an endorsement. But how are you going to look the same 15-year-old daughter you referenced and explain your vote?

CHAFFETZ: Well, my wife and I did vote for Donald Trump last week. I think we're doing and going through a lot of the discussions that people all across this country are doing. I never, ever want to be able to say it's President Hillary Clinton. And that's the choice. There's only two people that have a chance of becoming the president. And if you don't vote for Donald Trump, you're essentially creating a window and an opportunity for Hillary Clinton to become the President. So, it's tough. We are never going to support or endorse or condone any sort of action or verbs or words or anything about sexual harassment or belittling women. I don't want to ever be in that position, but, we're with a choice right now.  

KELLY: Okay.

CHAFFETZ: Two people have the chance to become the president.

KELLY: But let me play devil's advocate, because what his critics would say is past is prolong. And if he gets into the office, the most powerful office in the land, and does any of this stuff to any young women, that's on you if you voted for him. That's their argument.

CHAFFETZ: Well, it's not like the Clintons have a clean record, Megyn. I mean, all you have to do is look at Bill Clinton did in the Oval Office and what he did with interns and all these other lines of women and what they were doing. So, it's not as if you're comparing apples to oranges. I mean, it should never be acceptable, ever, and that's exactly what I talk about with my 15-year-old daughter and our son and our other daughter as well. But you have a choice, and if you look at the Supreme Court and you look at all the other issues that face this country, by far, it's Donald Trump is going to be better.

That's how we looked at it and that's why I made the decision to vote this way. But I'm still not going to endorse him. I'm still -- I still can't defend those comments, but we all have to make a choice. And that's a choice that my wife and I made.  

KELLY: Congressman Jason Chaffetz, great to see you.

CHAFFETZ: Thank you.

KELLY: Joining us now to respond, Richard Socarides, he's a former White House senior adviser to President Bill Clinton. Great to see you, Richard.  So, it's amazing, you know --

RICHARD SOCARIDES, FORMER WHITE HOUSE SENIOR ADVISER TO PRES. CLINTON:  Good to see you, Megyn. Thanks for having me.

KELLY: Sure. You bet. Picking up on where I left off with the Congressman, you know, we saw Donald Trump's poll numbers collapse when the whole, you know, "Access Hollywood" and the attacking Alicia Machado and all of that stuff that the women came out in the beginning of October. And then her numbers started to collapse when the FBI thing came out. And you tell me, Richard, whether the Democrats are genuinely enthused by Hillary Clinton or whether they are holding their nose and voting for her and maybe not even that at this point?

SOCARIDES: Well, let me tell you this, first of all, I think that I've always said and I think that many of us who follow these things have always believed that this will be a post-election. The country is closely divided, presidential elections are very important. And they are traditionally very close. So I am not surprised that the election is getting closer as we get closer to the voting. I still think that Hillary will win. I definitely belief she will win. I think it will be, you know, a two or three-point win.

But I definitely think she's ahead. I think she's in a much better place to carry the election than he is right now. Now, I think many Democrats are very enthusiastic about her and about, you know, her positions. And I think that if you care deeply about making America a better and a fairer place for everybody that Democrats -- those are what Democrats care about - -

KELLY: Everybody wants America to be fair.

(CROSSTALK)

SOCARIDES: -- draw people to her.

KELLY: But what about the fact that they also don't want someone who is in trouble with the law getting in there.

SOCARIDES: Well, you know, Megyn --

KELLY: The FBI agents coming out and saying, you have never seen the FBI leak like this saying we are investigating this woman on two tracks.

SOCARIDES: I completely agree with you. I think that the politicization of the FBI in this particular instance is disgraceful. And I think that when this is all done and luckily we only have four or five days to go. I think we will have to a look at what happened here --

KELLY: What? What did the FBI did? The FBI disgraced itself?

SOCARIDES: Because Megyn, I mean, the reporting --

KELLY: They're trying to investigate potential crimes. That's what they do.

SOCARIDES: Megyn, the reporting on this is clear, there is no FBI investigation of the Clinton Foundation --

KELLY: Not true.  

SOCARIDES: ABC News -- ABC News reported that this afternoon --

KELLY: Not true.  

SOCARIDES: And we cannot even agree on a basic fact as this.

KELLY: We have conflicting information on that, Richard.  

SOCARIDES: Tell me, well, Megyn --

KELLY: We have conflicting information on that. We have at least --

SOCARIDES: Megyn, we definitely have conflicting --  

(CROSSTALK)

KELLY: Listen, listen, let me just make clear. You may be trying to draw a line between inquiry and investigation.

SOCARIDES: Yes. Of course. Of course.

KELLY: There absolutely was an inquiry that began, and it may or may not have turned into an investigation.  

SOCARIDES: Well, it is not an investigation. Clearly the Justice Department --

KELLY: According to the FBI sources --

SOCARIDES: But Megyn, the Justice Department sources tell ABC News this afternoon that there is no investigation of the Clinton Foundation. Now, this thing on the emails --

KELLY: That's nice for you to just cherry pick the reports, Richard. And completely disregard the FBI agents towards saying it is.

SOCARIDES: Well, Megyn, we just said that we have conflicting reports. I will agree.

KELLY: And you're just dismissing half of them.

SOCARIDES: No, I'm not dismissing any of them. I am saying that on the one side, you have some unidentified, FBI agents leaking to some reporters that there may be some kind of investigation. But that the Justice Department sources and senior Justice Department sources and senior FBI sources have said there is no investigation ongoing.

KELLY: Okay.

SOCARIDES: So I mean, yes, I agree, I mean, I'm not disputing what you said, I agree with you. I think it's disgraceful that we have people on both sides leaking information and we have no idea what the truth is.

KELLY: All right. I got leave it that the, Richard.

SOCARIDES: Thank you, Megyn.

KELLY: Great to see you. So, former FBI assistant Director James Kallstrom was on this broadcast two nights ago, defending the agents who are pushing to dig deeper into the Clinton Foundation. And he's been taking heat after standing up for those agents. Mr. Kallstrom is next and what's happened to him since then.

Plus, Melania Trump speaks on behalf of her husband and immediately the critics pounce. We'll show you the fallout when we come back.

(BEGIN VIDEO CLIP)

MELANIA TRUMP, WIFE OF DONALD TRUMP: Technology has changed our universe.  But like anything that is powerful, it can have a bad side. We have seen this already.  

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLP)

JAMES KALLSTROM, FORMER FBI ASSISTANT DIRECTOR: The FBI getting a black eye is not the agents. It's not the guys that work there and the girls that work there and the ladies that work there. You know, it's the people that run the organization for whatever reason did what they did.

(END VIDEO CLIP)

KELLY: Well that was James Kallstrom on his broadcast two nights ago. He is the former assistant director in-charge of the FBI and he was defending the agents who are reportedly pushing to dig deeper into whether there's any evidence of corruption at the Clinton Foundation. Since then, Mr. Kallstrom has taken some heat for those remarks and he's back with us tonight on that and all we've learned about this story in the last few days. Great to see you, Jim, thanks for being back.

KALLSTROM: Nice to be here.

KELLY: So, The Daily Beast is suggesting that you walk that back, that you haven't really been in touch with the agents investigating Hillary Clinton's email scandal. And that you are something less than an accurate spokesperson for these disgruntled FBI agents.

KALLSTROM: Well, they can write what they want. I never did claim I talked to the actual agents. I would never do that. I would never call up people that were investigating something and even put them on the spot. I wouldn't do that. But I've talked to hundreds and hundreds of people in the FBI. Mostly retired people and some people that are currently on the job that are not directly involved, but, you know it's a small organization.

You know, they know what's going on. And the agents are furious. And I haven't walked anything back. I didn't walk anything up that deserved to be walked back. So, I don't know what they're talking about.

KELLY: There's been no walking.

KALLSTROM: No. No walking.

KELLY: Let me pick up where Richard Socarides left off. There's a distinction between an inquiry and an investigation, right? And so, you tell me whether there is in fact an inquiry under way and that the FBI agents who have been wanting to pursue it would like it to graduate into something more serious.

KALLSTROM: Yeah. Well what I'm told by people that aren't directly in the know, but I mean, the scuttlebutt in the agency is of course there's an investigation under way. I mean the director talked about that. He said he's re-opening the investigation -- I think were his words.

KELLY: But we're talking about the Clinton Foundation.

KALLSTROM: Oh, the Clinton Foundation, well, you know, the Department Of Justice shut this down. You know, Megyn, what I've said over and over again there really hasn't been a FBI investigation yet. There was never a grand jury impaneled in the investigation to begin with. Therefore...

KELLY: On either side.

KALLSTROM: Yeah.

KELLY: An email inquiry or the Clinton Foundation.

KALLSTROM: Right, exactly. So they had no way to compel anything. They had no subpoena power. They had no search warrants. They had nothing. So when James Comey spoke there in July about, you know, we've done all this meticulous investigation, it was a hollow investigation in my view. I mean, I've never seen a major criminal investigation without a grand jury.

KELLY: What do you make of -- so we had that, the email investigation that we been discussing for weeks and months now. And then, last night it came out, Catherine Herridge has been reporting that there is a separate probe into the Clinton Foundation for months and months and people have denied it, but she reported it long ago.

Now it comes out that there's a split -- that FBI agents have been looking into the Clinton Foundation who believe it is there. They want to take this full bore and some higher ups at the FBI and some higher ups at Justice say, no, you don't have it. You've got hearsay, you got stuff from the Peter Schweizer book, it isn't good enough. What are you hearing?

KALLSTROM: You know, all crops grow from little things, right? I mean the notion that the FBI would have everything at once. Of course they don't have everything at once. Of course the agents have in their view probable cause to look further. I mean that's how these investigations happen.

But you can't do that without, you know, subpoenas and warrants and -- the attorney general of the United States is not supporting any of these things. Is that shocking? It's not shocking to me. I mean there's no way they're going to indict anybody in this administration.

KELLY: The reporting is that obviously Loretta Lynch is believed to be sympathetic toward Hillary Clinton. We've seen reporting suggesting that at least. You know, she would deny that, but there's other reporting saying that a lot of agents within the FBI are very pro-Trump. There were some reporting sayings that it's effectively Trumpland.

A piece in "The Guardian" says one current agent describes the bureau as Trumpland and they're suggesting one agent told the publication that Clinton is considered the anti-Christ personified, do you believe that?

KALLSTROM: I don't think its Trumpland, but I think its people that are sick and tired of the lack of the rule of law being brought forward and due process being brought forward and they're frustrated that they cannot conduct investigations properly. And the Department of Justice is stone walling at every turn.

I mean just look at the WikiLeaks stuff. I mean, it's clear. It's very clear what's going on, and it's not going to change. It's not going to change until there's a different president. And if Hillary Clinton's the president, that's not going to change and we're going to have a constitutional tussle, big time.

KELLY: Are you surprised to see FBI agents leaking like this? I don't remember leaks...

KALLSTROM: You know, I don't know far a fact that they're leaking, but someone's telling stuff to people. Yeah. Well, they're very, very frustrated. They see the whole due process thing going down the tubes. The whole, you know, we're a nation of laws. We do things to protect the little guy, the big guy, you know, we don't take sides in politics. We never have. I never did. I never did that. I never thought of anything about politics in my investigations.

KELLY: You think they perceive the agency or some at Justice as taking sides?

KALLSTROM: Without question that's what's happening. I mean, you'd have to be -- you'd have to be deaf, dumb, and blind not see that. Of course that's what's happening. I mean just look at what's in the public domain. I mean, look at the stuff that they left on the table. Top secret code word documents. You know back in the old days you got shot by a firing squad for that stuff.

And even today, you should go to Leavenworth for 20, 30 years, that's what happens. They left on the table, you know, obstruction of justice, destruction of evidence. I mean, clearly, Congress gives them a letter, gives them a subpoena, what do they do two weeks later or whatever it is? They destroy it all.

KELLY: Yeah, it was the guy who worked for this company...

KALLSTROM: Oh, yeah, sure it is. Yeah, right.

KELLY: Yeah.

KALLSTROM: And the lawyers don't even have clearances and here they have exposure to these classified documents.

KELLY: Her lawyers.

KALLSTROM: You know, obstruction of justice, perjury, the violations of the Federal Records Act. It goes on and on and on and that's all left on the table.

KELLY: Well, James Comey, according to many is a straight shooter. He did not see the evidence there and he's reared his head again saying now I do want to take another look. We'll see.

KALLSTROM: Wow. He's having -- he's had an awakening. God bless him for that. Yeah.

KELLY: Great to see you, Jim.

KALLSTROM: Good to be here.

KELLY: An awakening. Still ahead, President Obama doing something in the final week of this campaign that no president has done before. We'll show you what it is.

Plus in a rare campaign appearance, Melania Trump goes to the must-win state of Pennsylvania. We'll show you her message when Monica Crowley and Nomiki Konst joins us next on that.

(COMMERCIAL BREAK)

KELLY: Five days! Can you believe it? Yes, I know, until America makes its choice -- less than 100 hours. We're in the hours part of the campaign until the polls start opening. And Hillary Clinton and Donald Trump tonight holding dueling (ph) rallies in the must-win state of North Carolina. These rallies going on just as the state's polling average reflects a dead heat. Look at that. Dead.

Mrs. Clinton's recent lead is gone. And now it's anybody's guess who wins the Tar Heel State on Tuesday. Chief political correspondent Carl Cameron has the latest for more from Morrisville, North Carolina. Hey, Carl.

CARL CAMERON, FOX NEWS CHIEF POLITICAL CORRESPONDENT: Hi Megyn. When you take a look at those polls, particularly the averages, what really becomes important is the trend lines. And on the national trend line, on an average of national polls, Donald Trump has never actually been ahead. And so North Carolina is one of his principally important must-win states. And for him to be now tied with Hillary Clinton is the potential for the biggest piece of news that the Trump campaign could possibly have.

They recognize that they've got momentum. They also recognize they're probably out-organized and in the last three days, the momentum that they've had could make up for some of what they lack in terms of ground troops. That's not to say there aren't going to be tremendous efforts on behalf of Trump and the Republican Party the next couple of days, including 100,000 volunteers banging on a minimum of four million doors between tomorrow and Sunday. That said, Trump has been courting constituents today.

He was in his last event in Selma, North Carolina. He had Medal of Honor recipients with him and he was talking about military and vets. Here in North Carolina, that's a big deal. There are lots of military bases here, lots of retirees as well as active service people. And so, that's an opportunity and for him to go to that constituency. Earlier today, his wife was campaigning first time in the spotlight for a while.

He really, really needs suburban women, white women, and he has been pounding the idea of the Obamacare premiums going up which goes across the board to the middle class. And then, of course, there's the emails and the FBI investigation. Now we know of both the emails as well as the Clinton Foundation. So he has both -- he has both policy, character, reasons for people to vote for him against her, because she's got a lot of incoming right now and Trump seems to have the wind at his back. Megyn.

KELLY: Carl, great to see you. As Carl just mentioned, while Donald Trump campaigned in North Carolina, his wife Melania was in another battleground state delivering a compassionate speech to Pennsylvania voters. She spoke about her love for her family and country and the issues she would like to take on as first lady.

(BEGIN VIDEO CLIP)

MELANIA TRUMP: Our culture has gotten too mean and too rough especially to children and teenagers. It is never okay when a 12- year-old girl or boy is mocked, bullied, or attacked. It is terrible when that happens on the playground and it is absolutely unacceptable when it's done by someone with no name hiding on the internet. We must win on November 8 and we must come together as Americans. We must treat each other with respect and kindness, even when we disagree.

(END VIDEO CLIP)

KELLY: Joining me now, Monica Crowley, editor of the Washington Times and Fox News contributor and Nomiki Konst, host of The Filter on SiriusXM Progress, great to see you both.

UNIDENTIFIED FEMALE: Hi.

KELLY: So, I'll start with you on this Nomiki. You know, she talked about how social media can have a bad side. We have seen this already, which of course led just about everyone to say, right, like on the other side of the pillow, in your own home.

NOMIKI KONST, POLITICAL ANALYST: To be fair, he's doing that at 3:00 a.m. and she's probably sleeping.

KELLY: You know, I applaud her for calling attention to an issue that does need addressing, but you know, it starts at home, right? I mean, that's what the critics are saying, like heal thy husband first, your thoughts.

KONST: Yeah. I mean, within seconds, social media blew up responding, pointing to his twitter page. And then also screenshoting (ph) the "New York Times" full two pages of 283 different nasty tweets and bullying that Donald Trump has done to people. From journalists to elected officials, to women, to young people, you know, the list goes on and on.

And it was like hello Melania, have you seen these tweets? I think this all a strategy, obviously, to get women in suburban Philadelphia -- this is a key demographic that Donald Trump needs to win to do well. It's his only path to victory and he needs to use what he has and Melania is a likable -- I think she's genuine.

KELLY: Right.

KONST: And she believes...

KELLY: She's a strong ambassador for him. And everybody loves Melania. I mean, not everybody because it's a political campaign, but I would say most. But was this the right message because it just opens up the door, it's like begging us to go through what he's done on Twitter.

She's talking about how people can be fragile they can't handle mean words and lies. Our culture's gotten too mean and too rough. I mean, her husband's had exactly the opposite message that we need to toughen up. We need to be rough.

MONICA CROWLEY, FOX NEWS CONTRIBUTOR: Right, well his message is one thing because he's in the political arena trying to win the presidency. Her message is different and Nomiki is right. She is trying to reach suburban women particularly in that area around Philadelphia, Pennsylvania is a must-win state. But she's also her husband's staunchest character witness and she's out there trying to humanize him...

KELLY: She and Ivanka.

CROWLEY: Yes. And when it comes to online bullying and bullying in person as well, she has been talking about this for a while. It is an issue that she deeply cares about. She has a teenage son who I'm sure is on the front lines of this. So when she is first lady, she's spoken about this before, that she would like to bring that into her role as first lady.

KELLY: She is talking about (inaudible) mostly on children and bullying of children.

CROWLEY: Yes, and she can also bring a very passionate and credible voice to this given the fact that her husband has taken this tact in social media.

KELLY: Okay, go ahead.

KONST: You see, it's a little bit of pandering here. Let's be honest. I think it points out this is how Donald Trump sees the women around him. That Melania comes out to talk to the moms, to talk about mom issues, but she's talking about anything else. She might be very good when it comes to economic issues. She might be...

KELLY: Oh, come on. Michelle Obama focuses on diet. That doesn't make Barack Obama a sexist.

KONST: Well, she wanted to do diet, but doesn't mean it's a woman's issue.

KELLY: Melania wants to focus on children.

KONST: I agree with you, but Ivanka the same thing. It's like they chose the women's issues, they get them on a women's bust to talk to the women.

KELLY: They don't want to be pundits or true surrogates. They just want to pick...

CROWLEY: And it's called politics. I mean, this is how you attract voters on both sides. This is how it's done.

KELLY: Yeah, this is how it's done. Great to see you both.

CROWLEY: And you too.

KELLY: Still ahead, President Obama doing something in the final week of this campaign no president has done before.

(COMMERCIAL BREAK)

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

KELLY: With election day inching closer, Hillary Clinton is bringing all the allies that she can find, including an unprecedented series of campaign stops by the current occupant of the oval office. Trace Gallagher has that report. Trace.

GALLAGHER: Megyn, a recent ABC News/Washington Post poll puts president Obama's approval rating at 58 percent which is why the Clinton campaign is using him 100 percent for the remainder of the race. In the final stretch, the president will crisscross a number of battleground states holding 11 events in seven days.

He began on Monday in North Carolina, Tuesday in Ohio. Wednesday the president went back to North Carolina and then on to Florida. Today he had two events in Florida. Tomorrow, he's holding two events in North Carolina. On Saturday, Mr. Obama will take a break and then it's back to Florida on Sunday and finishing on election eve in New Hampshire and Pennsylvania.

This type of campaign run for an outgoing president is pretty unprecedented but that's mostly because two-term presidents usually don't have a lot of political capital left to give. In 2008, President Bush's sagging numbers were seen as a liability to John McCain. In 2000, President Clinton's scandals kept him off the campaign trail for Al Gore. Even the hugely popular Ronald Reagan didn't campaign for George H.W Bush because the elder bush was trying to establish himself.

Hillary Clinton is apparently not bothered by the fact that both president and Mrs. Obama are way more popular than she is. Instead, she's hoping it translates to votes. President Obama is campaigning for Hillary and his legacy. He also realizes he lost both houses of congress on his watch and is hoping to boost down ballot candidates. Megyn.

KELLY: Trace, good to see you. Coming up next, a little more on Anthony and Huma.

(COMMERCIAL BREAK)

KELLY: So last week's FBI bombshell re-opening the investigation into Hillary Clinton's email problems was based on a discovery the Feds made while looking into the behavior of Anthony Weiner. Weiner, the estranged husband of top Clinton aide Huma Abedin is suspected of engaging in inappropriate conduct with a 15-year-old. Weiner and yours truly have had many contentious exchanges over the years, some of which I write about in my new book "Settle for More" like this one.

(BEGIN VIDEO CLIP)

KELLY: Why should I pay the government again? Why should there be a 35 or 45 or 55 percent tax on that again?

ANTHONY WEINER, FORMER NEW YORK CONGRESSMAN: You aren't paying anything in that case because you'll be dead.

KELLY: Well the estate is and that's left for my children.

WEINER: Well, but you -- the only question is, look...

KELLY: No, no. You're not answering my question. How is that fair?

WEINER: Megyn, you're going to have to let me answer the question. We're going to have a conversation that gets us anywhere.

KELLY: Go ahead.

WEINER: The only question here is not whether or not there should be a tax on that. The question is where the limits should be and how much should be the...

KELLY: No, I'll ask the question and you're not answering. Just tell me, how is it fair?

WEINER: Ready?

KELLY: I am.

(END VIDEO CLIP)

KELLY: Oh, what a charmer. I was very pregnant in that shot, I just want to state it for the record. So in the book "Settle for More" I reveal an interesting back story about my dealings with Weiner and Huma. I had something written about Anthony Weiner then I had to revise it just before the book went to print given the new allegations of lewd behavior that broke about him over the summer. The book has that whole thing plus it has other great details of my life in TV news business that I think you will enjoy. There's also terrific story about Sean Hannity.

SEAN HANNITY, HOST, "HANNITY": Oh really.

KELLY: Oh yes, there is.

HANNITY: Oh no. Is it bad?

KELLY: And some advice he gave me as a young newbie, a cub reporter. Yes, which I've used many times.

HANNITY: Oh my gosh.

KELLY: It was actually quite valuable and you can read all about it. Buy it now so you can be the first to have it. "Settle for More," Amazon.com, Barnesandnoble.com. It's already a best seller thanks to you.

HANNITY: Already?

KELLY: Yeah, not you, them. So don't miss out.

HANNITY: It's already a best seller? How did you pull that off?

KELLY: I don't know. I just read what they tell me on Amazon.

HANNITY: Wow.

KELLY: Thanks for watching. Here's Sean with all of these. See you tomorrow night.

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