Updated

Most of polls say the same thing. Donald Trump's gaining momentum. FNC's analysis of the Electoral College now has Hillary Clinton only slightly above the 270 votes needed to win.

So, there should be grave concern in the Clinton camp. The reason the Secretary may lose is that the tipping point may have been reached. If you are familiar with Malcolm Gladwell's theory, bad things mount up and then suddenly at a dramatic moment everything comes crashing down. For Hillary Clinton, the FBI may be the tipster. Not only is the email investigation now reopened but FOX News is reporting that the Clinton Foundation also under heavy scrutiny by Federal investigators.

We will give you the facts on both stories in just a few moments. It seems many voters are becoming disenchanted with the entire Clinton situation because the controversies are seemingly endless. We're not talking about fervent Democrats or liberal zealots. We're talking about ordinary Americans who vote on the basis of what is best for the country. Now, early in the campaign, Talking Points gave Hillary Clinton some good advice and that was to speak directly to the American people through a series of interviews. Explain the email stuff.

Spell out the Clinton Foundation controversy, give straight answers to straight questions. The Clinton campaign told us she would likely do an interview with The Factor. That has turned out not to be true. Even when Mrs. Clinton did appear here on the phone talking about the terror attack in France, she indicated she was going to speak with me. But this isn't personal. Since September 12th, Hillary Clinton has not done one, not one national television interview with a journalist. She is hiding. She is also imperious, feeling that she is above questioning.

And if elected president, you can expect very little interaction with the press or with the folks from Secretary Clinton. So all of this, the continuing ethical problems, the detachment from the voters, the attitude that she deserves the presidency, all of it is playing into her declining poll numbers. There are five days left before the vote. We expect more hacking leaks and perhaps some new personal attacks on Donald Trump. But the only thing holding Mrs. Clinton up right now is Mr. Trump's negatives. But they will not mean very much if the marginal Clinton support stays home on Election Day. And that's a very real possibility.

Summing up, Hillary Clinton thought she had the election locked up but she could very well find herself defeated come November 8th. The tipping point may have been reached. And that's "The Memo".