Transcripts For FBC Mornings With Maria Bartiromo 20161107

Janet rino has palsz passed away. First woman in that role. We will take a look back at the controversies and scandals under janet rinos watch. The philadelphia transit strike coming to an end just in time for election day. Plus an earthquake rocks curbing, oklahoma, 5. 0 quake rattled the state, what it means for gasoline prices, we are seeing movement this morning. Twitter and witness excused los angeles hit with attacks but its unclear what caused twitter to be down this morning. The ride company to get you out to vote. The details ahead. The news on Hillary Clinton driving markets higher, futures indicating a big rally, up 240 points on dow joan industrial average. Take a look throughout the euro zone. We are talking about the quack quarante cac quarante in paris. That set the tone for markets, nikkei average in japan best performer. All the stories coming up this morning and joining me to talk about it fox business Dagen Mcdowell, Anthony Scaramucci and maverick Pack National cochair Morgan Ortegus. Another bombshell. Anthony feels like tuesday to me because of yesterday. Theres no common sense explanation for this, the best thing i heard last night, though, governor pence, the most deficient governmental project worked on. You make an announcement one week ago and a week later we went through 650,000 emails. Maria we will get into this morning. Maria this has any further been a real review because they didnt have the grand jury. Former me to talk about it former mcdonalds ceo. Fox news senior judicial analyst judge Andrew Napolitano will weigh in, clinton cash peter is here as well and former director of Defense Intelligence Lieutenant General Michael Flynn is here and the former attorney general under president george w. Bush john ashprofit. He worked with comey for a number of years. Janet rino has died from complications of parkinsons disease, one of the most reck sizable faces of the administration. She weather civil stories in waco back in 1993. She went onto play a central role including whitewater, file gate and monica la wince ci and return to Elian Gonzalez to cuba. Campaign ended her public career and went to serve on the board to exonerate the wrongly convicted. Janet reno dies at 78. Matt, good morning to you. Well, michigan has become a hotly contested battleground state, both clinton and trumps campaigns and their biggest surrogates have blitz the state. Its typically a democratic stronghold that has not elected a republican president since 1988 but donald trump has made a dent in Hillary Clintons lead here. Real clear politics average now showing clinton with about a 5point lead here. Thats down from her 11point lead just a few weeks ago. Now both are fighting the win Hillary Clinton. Last night donald trump slammed not to prosecute Hillary Clinton. This election is about doing everything we can to stop the movement to destroy president obamas legacy. In fact, it is about building on the gains and the progress weve made. Hes saying that Hillary Clinton is wasting her time campaigning here without her celebrity endorsers, looking ahead, the president perhaps Hillary Clintons strongest weapon in arsenal will be campaigning here at the university of michigan, hold a rally on behalf of clinton and then donald trump will end campaigning here with the rally in grand rapids, michigan lathe today. A busy day for both campaigns and final hours as to be expected. Maria, to you in new york. Maria joining me now former democratic president ial candidate Fox News Contributor deniss and good to see you both, gentlemen, thank you so much for joining us. Whats your reaction to the fbi this morning and the news that theres no nothing new from his clearing of clinton back in july on the emails. We are going to hear about this email thing for the next year or two. The fact of the matter it is a political issue that political issue played in and out the last week. I think it was damaging to the Clinton Campaign and it is a legal issue to which it appears that Hillary Clinton will avoid any legal action, but the fact of the matter is what in the world is the fbi doing in the closing weeks of an election putting its thumb on the scale of an election . If the two parties could agree on anything after this electiont the fbi to be changed with respect to proximity to an election. Have to stop this their weighing in the closing days of an election. Maria was there anything congressman kingston that you saw that this is still open . He basically said, look, we dont have any new information from july. We have gone through emails and nothing has changed. He didnt say it was closed. He must be facing pressure to make a statement before election they. I think he is under pressure and we have to ask ourselves who you trust more Hillary Clinton, the fbi or wikileaks and wikileaks comes out on top unfortunately. I think denise is right, this is not over, the investigates with the fbi really rarely closed anyhow, he did not interview the maid, for example, we now know that maria santos, Hillary Clintons maid handled classified material, no one else in america could get away with that. We have a 22yearold sailer now serving time because he took pictures on a submarine, mishandling misclassified information and he never distributed or gave it to anybody. This is not going to be over. This is huge bipartisan outrage on the hill and questions to the fbi itself and the way they conduct business. Maria obviously yesterdays news that Hillary Clinton had her house keeper print it a lot of her state. Gov emails. Anthony to be direct, people that have done that in the past go immediately to jail. We have people that accidentally done that and they go immediately to jail. So if someone has to explain maria it feels rigged to you again . Anthony explain to me the criminal procedure practice. If you understand the rules, you go immediately to jail. Its like landing on the spot of monopoly. Explain why this doesnt happen here. Morgan they built a secure facility in her house. Thats supposed to be entered by people who are cleared and the maid should not be able to enter a facility thats supposed to be secured with classified documents. Maria good point. Dagen the big point given the fact that the election is tomorrow and millions of people who already voted, half of florida has voted by mail and early voting. Fox news poll last week that came out that asked about this new fbi review and to Hillary Clinton, 21 of independents said that they were less like lie to vote for her but 37 of republicans said that they were less likely vote for her. Do these people now change their mind based on what they heard from james comey or overoring email investigation, the private server, responsibility to the American People. What moves their vote come tomorrow assuming they havent voted already . Maria what do you think . Do you think it changes opinions . Dagen its like the fish in the garbage, itll smell worst tomorrow. Of course, of course. The email server existing in the first place smells awful. The way that the clintons together as a couple have carried themselves in service to the American People or in service to themselves, rather. Maria go ahead, congressman. What were you going to say . The timing of it is a wash and the left is going to feel some exoneration and the right is going to say absolutely this is rigged because you pointed out, the emails that disappeared, 33,000, the use of bleach bit, the no grand jury, no warrants, no subpoenas, all the stuff underscores a approach to justice which the American People are outraged. Maria theres the campaign which today is alive and well. What does each nominee need to do in final moments leading up to this vote, they both find that michigan is real important. Heavily dem state but now trump is doing real well there. I went to school in Michigan State and i can say thats a state thats bothered by the trade agreements and the fact that we lost so many manufacturing jobs over the last 20year period of time. Our middle age message of Economic Growth and repealing obamacare is important in michigan. Thats why Hillary Clinton is worried about traditional democrat states look like they are going to be crumbling. If we win North Carolina, florida and ohio and we have georgia, arizona and iowa, all we have to do is pick up michigan and second Congressional District of maine or we could do pennsylvania in addition to it. So we are very close and i think nate silver said yesterday, hillary is one state away from losing this election. Thats how close it is. Maria well, congressman, one issue has been the hispanic vote and morgan you mentioned that earlier. Hispanics are coming out big in terms of early votinit seems. Morgan in nevada and florida, absolutely. Maria is that helping clinton. My feeling that Hillary Clinton is going to benefit from an increased hispanic vote. Youve got to lock at it at a state by state basis, though. California already was going in her direction. Maria right. That could impact the election in texas although i still trump has an advantage there. Florida, you could see the race has tightened in florida because of that. Its a good thing in america when we see the efforts that have been made by hispanic latino leaders in the past few years to mobilize the vote and get it out. Maria good to see you both. Thank you so much. Thanks, maria. Maria stay with us to Fox Business Network for special coverage and post election day coverage right here mornings with maria, wednesday morning kicks off an hour early, 5 00 a. M. , we will be right back we can help guide your retirement savings. So wherever your Retirement Journey takes you, we can help you reach your goals. Call us or your advisor t. Rowe price. Invest with confidence. When a moment turns romantic, why pause to take a pill . Or stop to find a bathroom . Cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. Tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. 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Also news this morning in philadelphia transit stop is ending, they reached a deal this morning, the deal made one day before election day. There were concerns about the strike affecting voter turnout. We are waiting on a News Conference from philadelphia right now. We will keep you posted. Both twitter, wikileaks are back up this morning after briefly going down overnight. Outage and now social media website hasnt said what caused the problems. Wikileaks posted the message saying denial of Service Attack took down their servers. Smartphone scammers are shopping around for victims this holiday season. Hundreds of fake apps have flooded the apple store like the foot locker one. You have to be careful. Counterfeiters have posed as dollar free. Fake app puts sensitive information, all of that in jeopardy if you enter into the app, some can steal your information or lock you out of your own phone and hold it for ransom. Thats also been reported to happen. So people have to be really careful with the smartphones these days. Maria big rally in stocks this morning, gain of 250 points after the fbi announced it is clearing Hillary Clinton after a second investigation. How the markets markets are gearing up for election day next. Alabama gas pipeline that shut down after explosion last night is up and running and what it means for gas prices, coming up in a moment wow, x1 has netflix . Hey, drop a beat. Show me orange is the new black wait, no, bloodline how about bojack, luke cage oh, dj tanner maybe show me lilyhammer stranger things, marseille, the fall in the same place as my basketball . Narcos, fearless, cooked the crown, marco polo, lost and found grace and frankie, hemlock grove, season one of. show me house of cards. Finally, you can now find all of netflix in the same place as all your other entertainment. On xfinity x1. Were opening more Xfinity Stores closer to you. Visit us today and learn how to get the most out of all your services, like xfinity x1. Well put the power in your hands, so you can see how x1 is changing the way you experience tv with features like voice remote, making it easier and more fun than ever. Theres more in store than you imagine. Visit an xfinity store today and see for yourself. Xfinity, the future of awesome. Maria welcome barks, we are expecting a big rally after comey cleared Hillary Clinton yesterday. Up better than 1 last night immediately following that announcement. News coming just over a week after comey sent stocks into a red tail spin with the shock decision to reopen the email case throughout election cycle investors have been anxious but now the mood seems to be changing. Greg, good to see you. Great to be here. Maria to what do you attribute the rally this morning . People doing bargain hunt this morning. You had weak last week or so. By this morning, but its still sort of a sents that trump has a better chance of winning than a good ten days ago so investors are pricing that in. Maria you dont think the james comey announcement changed what we were thinking last week that trump had a shot . Not dramatically. Still a tossup, depends where florida goes, tossup states. Anthony mr. Trump is going to win florida, do you think that dramatically changes the race . Nate silver is good but has been wrong lately. Its not clear. It seems kind of close and when you look at brexit and other polls, its hard to figure out the polling lately and what to rely and whats not. She probably has a better chance than trump but too early. Morgan why would the market be so concerned about a Trump Victory . With a Hillary Clinton you know are getting Elizabeth Warren in charge of financial sector, shouldnt that be scarier to the average investor . Its not clear what warrens role will be. Morgan its not like hillary is protrade. Right, but not as negative as donald has. The deficit will probably be hurt by both. Maria trump is the candidate that you just dont know. Youre making a bet on. You kind of want gridlock and if hillary wins and republicans still congress, thats kind of what they are rooting for. You see people wanting gridlocks. Maria more of the same. Anthony theres been 4 trillion moved to passive investment over the past years, is that a good idea for arvel investor . Yes, specially in lowgrowth environment, if youre giving up 1 or more in hedge funds, theres head winds going against you unless we are going to a down market, you want active, you want the manager to have cash or short positions as a hedge opinioned might. Dagen they are Like Mutual Fund managers that you have good years, similar years and awful years. John paulson who you wrote a book about, you could smell the performance from here at this point. Hes had awful performance. Yeah, its been awful performance. I give him some credit because he has conviction. A lot of managers hug indexes and take Management Fees but you couldnt do worse than he has done lately and raises the questions that managers do outpick the market. Pharmaceutical stocks. Dagen and hillary. Donald trump might get rebound, the sector, you want to be long if donald is going to win. Maria you want to avoid those stocks . The idea that shes going to implement caps on drug prices sends the groups sharply . Exactly true. You could argue about the price in, if you look at biotech, mylan, they are down so much. A lot of that is people are assuming that hillary wins and maybe thats priced in and could argue. Anthony some of the smartest investors in the world are using hedge funds. Whats the argument against hedge funds . Its hard to be a pretty efficient market. You dont want high fees in allowgrowth environment. Thats a real head wind. You want to be in a hedge product when stocks are expensive and bonds expensive and they are really both expensive so a pretty good for henl fund managers. Anthony you do need to hedge yourself when youre in volatile markets and difficult political times. Hedge funds are still the best investors out there probably because they pay so much. Anthony will you say to camera 2. Best investors out there but arent as many as they used to be and they dont outperform like they used to do. Maria they are really going to scrutinize that manager because not all the managers are the same. Good stuff, thank you so much. Wall street journal there. The fight against isis right now. Efforts to drive out isis of its stronghold in syria. Thats next. Plus donald trump and Hillary Clintoning final push for swing state voters. Take a look at the key state that is could styed this race, back in a moment when it comes to healthcare, seconds can mean the difference between life and death. 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You have to get out and vote. Get out and vote. We have a rigged system. Together we will make america wealthy and prosperous again. Dont leave it to chance, dont leave it to others, use your voice and your vote, whats really on the ballot is every single issue we care about. Maria where do each candidates stand in your state, we are breaking down the path for victory on both sides this morning . Tragedy strikes. What consumers can expect as a major popline comes back online following deadly explosion. Catch a ride to the polls, major deals Ridesharing Services like lyft and uber are doing on election day . The Dow Jones Industrial average up 200plus points right now as investors react to the potential of more of the same certainty of markets that has investors buying stocks. Take a look at european markets up across the board. Up 1 and 2 . Cac quarante up a quarter of percent and in asia overnight gains across the board. The tone was set after comey released the news. Nikkei up one and twothirds percent. The mexican peso is rallies as well versus the dollar on this news as well. We begin half an hour with the war on terror. U. S. Backed groups are trying to capture raqqah, capital of isis in syria. 35,000 fighters to be taking place in the operation. I want to bring veteran and Fox News Contributor, pete. Good morning, thanks for having me. Maria what do you make right before election . The timing is curious. We dont know what the timing will look like there. Barack obama is trying to put a bow, attack some of the things while he can. It could be a second front you want to open on isis because you want to tie up resources and attention. This is unexpected and the timing does seem to be i dont want to see immediately tied to the election, why now did it have to happen now. Morgan biggest thing that im concerned whomever is president has to deal with Bashar Alassad, has been reportedly involving involved in aiding isis. What are the choices for the next president has because this president in my opinion seems to be unwilling to take the unnecessary actions to take out assad . Thats right. Assad is in bed with Vladimir Putin and iran. We have advocated large portions of those country to them. The problem with this and raqqah is theres no next day plan. Iraq mostly break up and wont exist as it currently stands. The kurds have been the best fighters. They are fighting for their own state which they have never had. Bashar alassad is probably here to stay because Vladimir Putin has had a strategic end game from the beginning and barack obama hasnt. Anthony what would you like to see happen . Oh, boy, there are no good policies at this point. You to crush and destroy the islamic state, you have to be willing to fight the total war and that will mean casualties and unfortunately civilian casualties which you never want. In the after math you have to be pragmatic, the sunnis in the west are going to want their own state and the kurds deserve independent voice as well and turkey who have we dealt with for a long time, isnt the turkey we used to deal with us. Anthony isnt the United States on cleanup mode for the empire . Sure. We live with those line that is were drawn and very imperfectly and weve had dictators that kept the lid on them for a long time and a lot of people looking that Bashar Alassad might kill islamist. He just kills everybody. Thats Donald Trumps argument. That contrasted with chaos, maybe thats the worse of two evils. Maria in the emails that we are seeing Hillary Clinton was set to have disregarded ethics guidelines in an email from Campaign Manager robbie to Campaign Chairman john podesta. Here it is. When soliciting contributions clinton had little consideration for ethics, some of the big contributors to shanghai, boeing and General Electric all received treatment from the federal government. Wow. Thats it. Little consideration for ethics. I dont know, have we had ten smoking guns now . We know theres a contradiction between private enrichment of the foundation and the duty to the United States of america but instead was almost entirely selfserving. Maria ten smoking guns at this point, what do you think . Anthony you fought for the country and freedoms for the country, does this upset you that this is going on right now . Very much so. You contrast that with the perspective that trump puts on now. I just want somebody that doesnt have an agenda and believes in this country and wants to rebuild it and so reckless with the approach, why dont we have the house keeper print out classified emails and and it is so reckless and absurd that it shows you how much she doesnt care about those prerogatives that those who wear the uniform or intelligence officials respect every single day. Everyone does it because we know how important it is our lives and reputations are at stake. She never cared. Maria how about this one, the Clinton Campaign was found colluding with cnn about questions to Ask Donald Trump in one of his interviews, lauren says this, wolf is interviewing please send me thoughts tomorrow. Cnn said the interview was canceled as of now but we will keep the questions for the next time. Its extraordinary. Do you remember the press conference . Must have been six or eight months ago when donald trump wagged the finger at the reporters, how terrible it is. He was speaking the true that we all knew existed then as it is today. They are entirely in the tank. Why do i know that if your emails were hacked there wouldnt be information, what should i be asking this person on behalf of the candidate, its the complex, the swamp, the elites and collaborate with each other and talk about how they can help their girl. Dagen all worried about serving and pleasing one another, its an unending circle of garbage and rotates from dc to here and back to washington. Anthony i want to take Sean Hannitys position and secretary clinton doesnt come on air for that reason. Sure. Chris wallace showed that. If you want to get a straight shooter, come to fox or fox business. Maria at this point im just trying to figure out if its resinating with voters. Here we have jim comey coming out yesterday basically saying, look, we dont have another another outcome here but he was probably pressured. Is the Justice Department obstructing justice . Well, i think if not they have made a total mess of it and its unfortunate thats become politicized. Theres no doubt that this swamp, collaboration of the elites is the final tone of this election and donald trump has played it Pitch Perfect from the podium for the last couple of weeks saying, ethics reform, its, the revolving door of lobbyists and term limits. I think people are ready and waiting for that. Maria for sure. Pete, great to see you. Stay tune to Fox Business Network for allday coverage tomorrow on election day november 8th and post election day coverage right here on mornings with maria. Wednesday morning we are going to kick it off an hour early. 5 00 a. M. Eastern this wednesday november 9th as we analyze the big result that is we will get. Coming up riding to the polls lyft and uber helping people to help vote tomorrow. The election day discounts. A weekend winning at the movies. How dr. Strange did in box office. Back in a minute not getting your best sleep . 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The evolution of cancer care is here. Learn more at cancercenter. Com experts Appointments Available now. Maria welcome back, big market day today. Futures indicating a nice rally. Dow industrial to open up better than 200 points. Across the world we are seeing gains. Check out shares of priceline, 29. 92 a share. That stock is up nearly 12 year to date. Also keeping an eye on alphabet, parent of google. Reportedly texting a mobile index, rate sites on friendliness. Two Police Officers have been killed in the line of duty in two different states, Cheryl Casone with the story, cheryl. Cheryl yeah, a gunman open fire on officers in peach county, georgia as they respond today a report of dispute among neighbors, police took that suspect into custody. Then in utah an officer was killed after being hit by a stolen car 25yearold was putting down spike strips to stop the stolen vehicle, police have arrested three suspects in that incident. Well, a critical gasoline pipeline up and running after it was shot down following a deadly explosion last week, Service Restored yesterday on the pipeline which carries gas from the gulf coast to new york city. One person died and four others were injured in that accident that happened while repairs were being made following a gas bill back in september. This is video from that incident. Colonial pipeline which operation it is pipeline says it might take several days for filled deliveries to return to normal. You need a lift to the polls tomorrow to vote . No problem, uber, lyft, google and zip cars are offering special discounts or promotions for election day rise, you can request transportation to your polling place using an app feature on uber and google. If youre taking an uber for the first time you can enter a special code and 20 bucks off and if we are electing our 45th president , lyft is offering 45 discount for one ride in metro detroit. And finally, at the box office this weekend, take a look. You think you know how the world works . You think that this material universe is all there is . What if i told you the reality you know is one of many . This doesnt make any sense. Not everything has to, dr. Strange. Dazzled over the weekend. The film brought 85 million making the tenth largest open for a marvel movie. 325. 4million worldwide. Coming in second, latest aanymoration film trolls, the fill exceeded expectations by nearly 10 million earning 44. 6 million. Boo madea halloween still going even after halloween. 7. 8million and Sony Pictures inferno rounding up the top 5 earning a little over 6 million. Kudos to Michael Tamara he was all about dr. Strange. Maria i chose the wrong one. 85million. Big weekend. Did anybody go to the movies this weekend . Morgan . I went to see the accountant last weekend and it was really good. Great movie. I hadnt been to the movies in a while. I liked it. Dagen ip to keep rewinding it and watching segments of it over again. Anthony which segments are you watching, dagen . Dagen im reading election news and watching tv at the same time. I cant focus on two things at once. Maria the spotlight is on swing states this morning just a day before voters head to the polls, the key state that is could decide who wins the white house, back in a minute what powers the Digital World . Communication. Like centurylinks Broadband Network that gives 35,000 fans a cutting edge game experience. Or the network that keeps a leading hotel chains guests connected at work, and at play. Or the it platform that powers millions of ecards every day for one of the largest greeting card companies. Businesses count on communication, and communication counts on centurylink. Love or like . Naughty or nice . Calm or bright . But at bedtime. Why settle for this . Enter sleep number. Dont miss the semiannual sale, going on now. Sleepiq technology tells you how you slept and what adjustments you can make. She likes the bed soft. Hes more hardcore. So your sleep goes from good to great to wow give the gift of amazing sleep. Only at a sleep number store, right now save 500 on the queen cse mattress with sleepiq technology. Learn more at sleepnumber. Com know better sleep with sleep number. Maria welcome back, we are looking at swing states right now and the electoral map, dagen with details all over. Dagen, over to you. Dagen lets look at all the polls, Hillary Clinton leading nationally in latest nbc wall street poll until one day until election day. That sounded awful, sorry. Lets take a look at the latest fox news electoral score card, here is your Electoral College map. Candidates need 270 Electoral College votes. The latest score card with Hillary Clinton 283 Electoral College votes. Donald trump coming at just 192. So lets break it down based on a few mustwin states. Lets start with, florida, of course, florida according to us fox news is a tossup. The state with 29 Electoral College votes could go either way. If you look at the average of the real clear politics polls in that state right now, Hillary Clinton is leading donald trump by 1 percentage point. Dead heat. However, the early voting totals might be telling us a different story about half the registered voters in florida had already voted as of midday yesterday and democrats are leading republicans in terms of the votes cast. Thats by mail and in person by more than 32,500 votes. But there are about 1. 2 million none affiliated voters who have also cast their ballots. They tend to lean right in the past, so, again, tossup there. Lets turn to North Carolina. 15 Electoral College votes. Fox news most recently was calling this leaning democrat, but mitt romney narrowly won North Carolina in 2012 and donald trump needs this state badly. In an average of polls for the ate, trump is up by 1. 5 Percentage Points but like florida, latino and hispanic turnout is critically important to watch in the state, maria, there are 165,000 latino hispanic voters in that state, there were only 68,000 back in 2008, thats an increase about 140some odd percent. So i will let you guys discuss. Maria theres nevada and a slight lead there. Another state thats very much dead heat. Anthony, what do you make of this, florida, North Carolina, obviously very critical to both candidates . Anthony well, nevada, theres mixed reports, maria, but the Trump Campaign and the trump operatives in nevada think that they are getting the silent majority turnout there. They are pretty confident they are going to win informed as of last night. Morgan really, thats interesting because of harry reid get out to vote that politico was reporting was interesting to me, anthony, the number of states that obama was leading that hillary is behind in or underperforming, ohio, florida, iowa which looks like clearly trump is going to win, i think some polls have him 7 points and even pennsylvania. She sent both obamas there over the weekend. Jay z and beyonce were there, i believe. Maria shes doing her big preelection day party in pennsylvania. Theyre going to have a big party there tonight. Shes feeling very good about pennsylvania. Dagen one thing i will say about nevada, the early voting, the democrats have outnumbered republicans by 6 Percentage Points and again the latino vote. Theres been a surge in the latino in North Carolina, the fact that the democrats have been struggling with africanamerican and black vote, that could really thats why morgan same in florida. Dagen thats why its still in question. Anthony the mix of latino voters, hes getting a higher percentage than governor romney did and so even though they are turning out in large numbers, they may not all be going in the mix that they were going in 2012. Morgan i think youre right. Maria while hispanics are turning out, the black vote is not coming out. Theyre staying home, african americans. Anthony you dont want to segment people, the cuban voters are very different from other Central American voters. Morgan absolutely. Anthony we have to be careful. We are not going to know until 5 00 a. M. Mornings with maria wednesday. Maria wednesday morning. Morgan we have marco rubio up and Carlos Carbello and a very good point. Dagen the puerto rican the people in florida who recently that are voting democrats thats why hispanic and latino makeup has changed so much. Maria okay, short break. The fbi clears Hillary Clinton just one day ahead of election. Judge Andrew Napolitano will weigh in on that. Stay with us, back in a minute. Good monday morning everybody. Welcome back. It is monday november 7. Twentyfour hours and counting. Donald trump and Hillary Clinton going for every last vote. A new poll shows a trumpet with a narrow leader this morning. Its out at 10 00 a. M. Eastern today. Another bombshell from the fbi director yesterday. He cleared Hillary Clinton for a second time. He says theres no new evidence. Its not going over while on the campaign trail. Right now shes been protected being protected by a rigged system. You cant review the 650,000 emails in eight days. You cant do it folks. Hillary clinton is guilty. She knows it. This election is a moment of reckoning. It is a choice between division or unity. Between strong steady leadership or a loose cannon who can put everything at risk. Hillary clinton is expanding her advertising push. The former u. S. Attorney general has died. She did a front row seat to some of the major controversies. She was 78 years old. The philadelphia transit strike coming to an end. They will not be service until the evening commute. The bank shutting down all Online Transactions after thousands of customers heather money stolen. We will tell you about it. Get your passport ready. Flights to europe for as low as 69 a ticket. Cash is king apparently. They are still using paper money more than anything else. I detail on this new study coming up. Their driving markets across the world higher. Hope and 70 points. As you can see there. In asia you can see a reaction as well. Games across the board. An average in japan finishing up one and two thirds percent. A big newsday again at you guys. Whats can happen today. Thats why you have to watch every second. Wikileaks is dropping bombs left and right. The former ceo of mcdonalds. Fox news senior judicial analyst is here. Theyre here to weigh in on all of that. A november surprise. This just comes two weeks after he wrote the initial email. They were discovered on the laptop. They went on the attack on all of the above. You cant review 650,000 new emails in eight days. You cant do it folks. Hillary clinton is guilty. She knows that the fbi knows it the people know it. And now its up for the American People deliver justice at the ballot box on november 8. The former ceo. Thank you for joining us. What is your take about them clearing Hillary Clinton again. Hillary clinton and the lack of ethics is just coming out more and more every day. And trump is right. We have to take control. The politicians no longer respond to or respect the average citizen. Our freedom and liberty is a great danger. We need to change the narrative. We are to reopen the investigation. And now he comes out again and he tips the scale the other way i was wasnt there a special prosecutor brought in. The system is rigged to entrench the ruling class in this country today. And he shouldve kept his mouth shut and been a great investigator and laid the truth out to a grand jury and let them decide. The citizens of this country should decide not a bunch of political hacks in washington dc. Do you think its always been this way . I think in the last 30 or 40 years in this country we have not done a good job of educating our young people to be critical figures. They look at a six letter word and i believe its true. We are not being critical thinkers. Were not developing people that have the intelligence to understand history into the impact for the future. I fear for our country right now. I think the Civil Liberties are at risk. I dont think Hillary Clinton gives a darn about anything but power in her own cell. If Hillary Clinton were to win on tuesday and say that the republicans were able to keep the senate and we have the have the senate and the house. You seem very a pop to lift it about it. They better get a backbone and start standing up for whats right and wrong. Trump is not equipped to be president. He never held a job in his life. He never created one thing or started a company. Where he have it produced profit and develop people. So trump is more qualified to be president because he has built things. As he politically correct absolutely not but we need somebody to change the direction in a narrative for this country. You wonder if they will be swayed by this development. The thing that scares me as there is there has been so much early voting that late developing issues or opportunities or are opportunities or knowledge or insight are gone. I voted two weeks ago because i have a come down here to florida. Ive never seen it so polarized in my life. The politicians are manipulating the citizens of this country. That polarization does is not to go away after tuesday. So what does that mean in terms of just doing business in this country. Lets start doing whats right. Lets get our moral center back. Lets start trying to grow the country in the way it should be grown. We definitely needed jobs. We need the Africanamerican Community they need charter schools. Where they could pick the best schools for their children. Do you think you have enough about that very thing from donald trump on the campaign trail . The vigor for the future of this country. When he said has America Great again. His can do that. And if we had control of the senate and house. The house. I think we have a greater opportunity the issues around the issues of the day. Listen to this. He seems to be staying on message for issues that men are to the American People. Gift immediately repeal and replace obama care. Companies our leaving. Doctors are quitting you would think. When it has the news. Like arizona. Tennessee premiums increased by hundred 16 next year. What about the spike in obama care premiums. Is that an effective tool i would hammer that like crazy. You dont really need to think about it. We are all getting the bills in the mail today. I cant believe how much my premium went up for health care. My dr. , has gone back to india she said she can make more money there just practicing medicine. Teaching and medical school and having a general practice. Thats not good. And were just brutalizing the american family. Who can afford this. Its insane whats going on. I firmly believe that the has been the goal all along to get to the point where we have absolutely total control over health care in this country work and had socialized medicine and we are can drive competition out so the quality of medicine as is can go down. Is not just about premiums going higher. And premiums are going higher. Your deductibles are higher. Your copays are higher. A lot of the plans even for people and employers give fewer doctors to choose from. Whether they are buying how this insurance or obama care or theyre getting it from their employer its squeezing the population in every way. They will vote tomorrow to gradually hike the rate. Thats an estimated 2 Million People being impacted by increases across these four states. If youre gonna make it more expensive for business because they have to pay more and higher wages. They have to pay higher premiums how does the Economic Growth story happen. Small businesses are what drive the economy. With these regulations about the state, county and federal theyre being pushed onto the Small Businesses it is stifling growth. Everywhere you look. I know so many people in the Restaurant Industry have said i give up. Im done. We cant do it anymore. Look at all of the russians have undercooked closing in the new yorker right now. Thats a fair question about what happens to the economy. Im going down. I think thats the point a point that maria is making. And then they vote with the pocketbook. And that is the cycle thats taking place right now. I think it is really bad for the American People. And i have a crystal ball i dont know why a lot of the things happen. At the end of the day you had zero rate policies. That is a reason why. I dont know the businesses that want the same certainty as what they been dealing with. Thank you sir. Stay with Foxbusiness Network. We are all hands on deck. And then post election day begins an hour early. As we navigate the results. At t. Rowe price. Weve helped our investors stay confident for over 75 years. Call us or your advisor. T. Rowe price. Invest with confidence. When a moment turns romantic, why pause to take a pill . Or stop to find a bathroom . Cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. 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A 39yearold woman is as Critical Condition after the machine used to launch pop pumpkins in the air exploded near her. This event dates back to 1986 but its been canceled for the past few years. And in 2014. They have to stop making the property available because the volunteer was injured in an atv accident. Listeria concerns are prompted to nationwide recalls. Ac creamery is recalling those practices. It has an Expiration Date of march 20, 0018. You can now fly to europe for to 69. They want to offer super cheap flights. They will leave from smaller airports which will include the Westchester County airport. They are offering these trips only from the u. S. To europe. Just one way. You wonder if this is can it trigger up price war. When they all had to do Something Like this. Lets hope. Its getting a little bit cheaper at least flying to europe these days. I was not one person going to europe for 69. Im never been on a private jet anthony. Coming up. Rages on. 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It was always just a hobby. Something you did for fun. Until the day it became something much more. And that is why you invest. The best returns arent just measured in dollars. Td ameritrade. Welcome back. The fight for florida. Markets are rallying this morning. Theyre up to hundred points right now. On the heels of the fbi coming out yesterday insane based on what we know now important to notice this market reaction. You basically said earlier. Its because the economy stays slow. After member the greater the regulation in the economy the better it is for big companies. Its very hard to start the sky Bridge Capital today. They do very well with heavy regulation on tax systems. It is rallying this morning. On the idea that the Hillary Clinton is gonna take the election after the fbi. They are voting for hillary and the latino voter turnout is strong in places like florida, its been a very big indicator for how mr. Trump is doing. It gets devalued. She wins she will probably keep it exactly the same. Its been 24 years without a review. There was a process to review it every two years. Florida is critical. And there is a big fight now. Theyre headed back to the sunshine state. Adam shapiro is in sarasota right now. We are live in Sarasota Florida home of the best beaches on the gulf coast. Take a look at the people who are lining up. For donald trump who will be speaking later this morning around 11 00 a. M. Now as we listen to the trumpet supporters out of florida. At this. 51 they had voted that 6. 4 Million People. Unaffiliated voters and of those are people that will swing in the selection and are not affiliated with the clinical party 1. 2 Million People. People of the affiliate with parties republicans the democrats 980 have sent in ballots. Voting early. 1. 6Million People republins 1. 4 Million People have voted. My supporting donald trump. I am a sarasota native. A longtime republican. Our vets and our troops are asking me. I have to tell you as well. But in the scheme of things we appreciate that. Lets most important thing that people need to know. The corruption is for real. Ive been following of the clintons. The clintons. Im 65 years old. Im telling you is absolute. When we go from rally to rally whether its clinton or trump they feel they are part of a huge Historic Movement that has its roots in the corruption in washington. You dont get that sense with the clinton supporters. They feel like theyre part of a history making moment. These people want washington cleaned up. Thank you so much. The fbi drops another bombshell just hours before the election. What about the Clinton Foundation investigation the fallout on the campaign trail this morning. Trump pulls ahead in a different kind of race. Were back in a minute. To stay i. I dont know even where to start with that. First, lets take a look at your financial pla and see what we can do. Ok, so weve got. Well listen. Well talk. Well plan. Baird. Welcome back. Happy monday everybody. Its monday november 7. Less than 24 hours to go until the polls open in some states. And there is more chaos on the campaign trail to tell you about. James comey cleared Hillary Clinton last night again in her email scandal. He was sent a letter to congress this time he said there is no new evidence to recommend charges an email scandal. The rank and file special agents at the fbi wont let her get away with her terrible crimes including the deletion of 33,000 emails after receiving a congressional subpoena. Right now shes being protected by a rigged system. When the surprise of the letter i still thought like that would be the conclusion that they would reach. Many are saying election laws were violated outside and ohio polling station. We will tell you about it. We are breaking down a major push. Major concerns as they worn a 20,000 custors have their money taken from accounts. And cash is king. Younger generations are betting on green over a credit card. Take a look at futures indicating a bigger rally at big rally at the opening of trading. It is expected to be up 70 points it was set in asia and europe. At between one and a third and one half across the euro zone. An average of one and two thirds percent. Trump hits the track. That is all coming up. The first woman to serve in the nation and attorney general has passed away. Gina janet reno has died due to complications from parkinsons disease. She was 78 years old. She served nearly eight years. We want to bring in box senior. Good to see you. Thank you so much. Remember janet reno exercising a lot that no longer exist but then asked a federal Appeals Court to appoint a special prosecutor and investigator bill clinton. This was the beginning of many steps that resulted in his impeachment in the house of representatives. Heid that shortly before he left office. You cant even mention all of the special considerations. What would she say today to whats going on. The fbi announced the Hillary Clinton well not Face Criminal Charges over the email scandal following his review. Even though six and 50,000 emails were found on Anthony Weiners computer. We talked about the special prosecutor. Listen to this. What i would love is an attorney general who have the foresight and the respect for the justices system to say you know what you can have an independent woman or man and a stay out of it. Im in a recuse myself totally. They can use a grand jury if they want too. That would restore Peoples Trust and confidence the department of justice has lost it. There should have been a year ago. What about that. Hes correct. The law now does not require the attorney general to go to a federal court. It requires them on his or her own to select an independent counsel. Look, to congressman garys point. The fbi is still a compromise and so political. It was so wrong for james comey to say no reasonable prosecutor would take the case. Thats a job for the fbi. It was so wrong for the Justice Department not to present anything to a grand jury. It was so wrong for jim coming to take a snapshot picture of the case and say we think there might be something on his computer were not sure what it is. Did he clear yesterday. He shut down the investigation improperly so or he shouldve opened it up and not make the announcement 12 days before a campaign. Shes not out of the clear. She still faces two investigations. The Clinton Foundation investigation and the public corruption investigation. Theres a point at which they intersect but there are two different teams investigating her. The Clinton Foundation investigation is being invested by the National Security team. That they may have impaired a National Security all this under favor. If she wins at the white house do you really believe that these investigations continue in the days and months ahead. Ultimately the fbi reports it would be her Justice Department. Recall the nixon by party. As for did with nixon. She could pardon herself. There would be tremendous political fallout but it would be legally sound. If she wins as of tomorrow night that rights are over. I dont think you can say that. The fbi team that is investigating her is very serious and does not want the investigation to go away because they bieve they have something. Then i can have something before election day. You heard congressman say that they could go for two years. They could expose they could embarrass prosecutors into using the evidence that theyve come up with. If you were offering any advice or to the average citizen about this outrageous situation and they wanted to help try to fix the corruption and thats actually going on what would you say. I dont know the answer to that. Except to say that the fbi has to stay out of politics. Eight months ago james comey had the best reputation for integrity amongst major lawenforcement leaders in the United States of america. Today he is being mocked. Precisely because he has allowed the fbi to enter itself into a political race. You have them leaking to rudy giuliani. Riendly to clinton leaking to her people. They shouldnt be leaking they shouldnt be taking sides they should be the pristine neutral Law Enforcement entity of high fidelity of the constitution that we all grew up with. How soon before we see massive regulations. There must be so much pressure on jim coming there mustve muslim pressure for him to come out and say something. Not just the democrats. He did do something to take the press dash make the pressure off him. The wall street journal pointed out problems with james comey. It was based on one single email. And they went after him again. He has some questionable decisionmaking in his past. What about the story out of ohio. A man was caught outside of a polling station in cleveland handing out invitations counting the Hillary Clinton lebron james event. Is that even allowed. These people are in line to vote. They obviously know who Hillary Clinton is. I dont know. That sounds like one of those okeefe stories. I think you should be able to take a picture of yourself wherever you are foolish enough to do so. The bottom line did he tip the scales again. Look at the market. He tipped them for her last night. Name. But fbi should not be in the business of tipping scales. Judge, good to see you. Our postelection date coverage begins at 5 00 a. M. We will begin an hour early on wednesday november 9 night so we analyze all of the news. We will bring you the details in plastic so no match for cash. Even millenials still prefer cold cash. Welcome back real estate eric finally facing a murder charge. Good morning maria. He is set to be arraigned today in connection with the murder. Prosecutors have been chinese bring him to california since his arrest back in march of 2015. But he first faced a federal weapon charge in new orleans. The jinx was airing during the program they were hurt in an open mic a. To confess to a number of murders. The largest retailer has been hacked. After money was stolen from 20,000 customer accounts over the weekend this is a first the first time they had resulted in customers losing money. Technology has given us numerous ways to pay for stuff. The frequently used form of payment millenials use it the most. Who wouldve thunk that one maria. Its on a . From 2012. I wouldve assumed that they wouldve been like apple pay. Maybe it is a generation that basically lived through the 2008 crisis i better hold on to. A lot of that is most certainly true. Its connected to my credit card you are breaking the trend of the other millenials. Not even with the most perfect Foxbusiness Network lighting and i look like im in that age bracket but thank you. Its great. I dont get the whole social media thing. Its like giving them cash for breakfast. I set it to private. I do have apple pay. Is it benjamins on the front. See the cash. Are you kidding. Come on. Thats how italians roll. Do you have security with you. You have to head money on you. Those are anti in singles for those viewers out there. Month here. You should have quit while you were ahead. 32 years at this place and ive got 9 days left before retirement. Look jim, weve been planning for this for a long time. And well keep evolving things. So dont worry. Knowing whats on your mind and acting accordingly. Multiplied by 13,000 financial advisors. Its a big deal. And its how edward jones makes sense of investing. [vo] is it a force of nature . Or a sales event . The season of audi sales event is here. Audi will cover your first months lease payment on select models during the season of audi sales event. Welcome back Hillary Clinton trained a stiff arm her way to the white house. Clintons campaign buying Television Spots during the television football. Jerrod with a story. She wants the football a vote. Hillary for america purchased two and 32nd ads to air during last nights raiders game. Once as a testimonial of it to your air force veteran who has been a republican all those years. Hes going the other way. Another army veteran. I thought for my country. Ive been a republican all my life. But im the father of the three girls i cant stand hearing donald trump called women pigs, dogs and bimbos. I sure dont want my daughters hearing that. I want my girls to grow up proud in strong in the nation where they are valued and respected. Donald trumps trumps america is not the country i fought for. Im voting for Hillary Clinton. To look now but Oakland Raiders have taken firstplace in the afc west. Twenty to seven lead for oakland. Fastforward. Murray goes in again three touchdowns. Hundred 14 yards rushing. They beat the broncos oakland goes to seven into two. One came up now. His linebacker elected to stand for the National Anthem for the first time this season. Hillary clinton to sports star. Not only trying to appeal to football fans. She was joined at a Campaign Rally by two members of the cleveland cavaliers. They told the crowd in and battles the ohio voting matters. Whoever said that sports and politics dont share the same bed didnt had four say at this a president ial campaign. Check out this car. At texas motor speedway. They are also sporting a police car. This weekend. Carl edwards the winter. He is embraced since july 9 because of concussions. But he still puts the pedal to the metal. Driving to the sprint cup race. He was pulled over for speeding he was only issued a warning. God bless the guy. If you are the cop who wrote the ticket. He said last week that when you are coming off of the road after race or just being here all hyped up. Some of the fans act like total jerks after the race because theyre sitting there watching the race and think that they can drive a hundred miles per hour. These a drivers and get into trouble when they get busted speeding strangely enough. I forget the ticket he got. I dont goes reckless driving. But the sponsors get really angry. When someone gets busted speeding. It was joe juniors fiance. Hes just getting out of a system i got a speeding ticket recently and i did not get a warning. I was very courteous. The county police officer. It was literally a mile from my house. I have never uttered in my life. I never say that. Its a tricky thing to do. Good step. They were closing the investigation. But they remain over theclinton. Next hour. Mornings with maria will be right back. [accountant] my job is to manage and grow businesses. And ive never seen a rocket ship take off like this. [owner] im lindsey. Im the founder of ezpz. My accountant. Hes almost like my dad in this weird way. Yeah, im proud of you. You actually did some of the things i asked you to do the other day laughs . [owner] ha, ha, ha. [accountant] ive been able to say, okay. Heres the challenges youre going to have. And we can get it confirmed through our quickbooks. And what steps are we going to use to beat these obstacles before they really become a problem. [announcer] get 30 days free at quickbooks. Com maria good monday morning welcome back. Im Maria Bartiromo, thanks for joining us today monday, november 7 your top stories 8 00 a. M. On the east coast the final his or of the 2016 election at hand, donald trump and Hillary Clinton targeting key states to get voters to the polls. When it comes, this morning, amid mixed news for Hillary Clinton new well well about the foundation and james comey in fbi bombshell cleared clinic for a second time. We cannot get this wrong the stakes are too high. And you know there is a lot of noise and a o lot of distraction no matter what happens we have to stand. You cant review 650,000 new emails in 8 days you cant do it folks, Hillary Clinton is guilty she nose it, the knows it the people know it and now it is up to the American People to deliver justice a the ballot box on november 8. Maria all of this as latest abc Washington Post tracking poll shows Hillary Clinton holds 4point lead over donald trump, later this morning fox news will release final poll before election day comes out 10 a. M. Eastern watch fox business fox news the latest poll news. Overnight former uas he attorney general janet reno died served under president bill clinton a front row seat is to major trofrz in his administration white one way or the other as well as Monica Lewinsky reno was 78. Pilot shortage steps Airlines Taking to keep polites in the sky what it meepts for ticket prices coming up bad for bankers wrote a bonuses to incline third year in a row the details this morning the news on Hillary Clinton driving markets across the World Futures pointing to a rally at opening of trading, as investors see this as a clearer path for Hillary Clinton and perhaps more of the same certainty is what rallies wall street what we are seeing 200 points on dow in europe major market higher between 1 and 1 1 2 percent the tone in asia gains across the board nikkei average in japan up 1 2 3 percent joining me to talk about it fox is about network Dagen Mcdowell, Anthony Scaramucci, Morgan Ortegus great show big news. Dagen big news do a my comes out later in this hour going to dig into the polls and some critical points, how the early voting is also coming. Maria i want to look at that there is news on africanamericans turnout real news on hispanic turnout even more so latino turnout higher than it was in 2012, 2008, africanamericans black vote lower turnout particularly in florida, maybe North Carolina. The way you thought it would . Oh, lord nothing has o gone the way i thought would it just the fbi being involved in all this who knows i was wrong about donald trump earl on so i just stopped trying to anticipate what was going to happen. Maria that what is a lot of people are saying extraordinary, joining the conversation this morning, authorize of clinton cash are Peter Schweizer with us he former attorney general under president george w. Bush John Ashcroft, are former intelligence director fieblg flynn here Stuart Varney will weigh in stay with us a big hour coming up now, donald trump Hillary Clinton headed to the tar heel state today to drum up support one last time before election day blake burman there raleigh, North Carolina with the latest. Good morning to you. Reporter about hi, maria good morning to you you know how we are taught as kids dont ccram stuff until lastminute throw that out the window when it comes to president ial races donald trump and Hillary Clinton will be, all over the map, on this final day lets start, with trump as he will make five stops in five different states will be in florida, North Carolina, raleigh where we are right now pennsylvania, New Hampshire and end of day into the evening state of michigan, late last night, he was reacting to the announcement from fbi director james comey saying ultimate justice has to come election day. You cant review 650,000 new emails in 8 days you cant do it folks. Hillary clinton is guilt. She knows it the gifbi knows it. Clinton will make four different stops, in three states today, she will have two stops in pennsylvania, again she will come here to North Carolina, for the rally area same area as donald trump, and michigan as well so you can kind of see some of the crossover there, between these two candidates take a listen yesterday to clinton and final push as the to how she describes the choice in this election. This election is a moment of reckoning, it is a choice. Between division or unity. Between strong, steady leadership or a loose cannon. There are a slew of final polls out this morning three National Polls, maria have clinton up 4, 4, and 3, a brand new poll out here, in the tar heel state from Quinnipiac University has clinton just slightly ahead of donald trump, margins appear razorthin into election day. Maria thank you so much balkan bla blake burman spob detailed legally corruption around the Clinton Family peter skwiezer executive producer of clinton cash based on his bestselling book thank you for joining us. Good morning. What is your reaction first of all, to the fbi clearing clinton again, over her email scandal . Well, i think the important thing to keep that in mind is that there are three fbi investigations that were going on simultaneous, this email case, of course, the case involving sexing with huma abedin anthony weiner, particularly and then finally the Clinton Foundation. And the way it has been explained is to me by people in the fbi sphere one bite at apple if you bring email case prosecution or were to do that were to fail the Clinton Foundation investigation just political would be too much. So, yes, i think donald trump is correct, in that it is kind of hard to believe theyve gone through 650,000 emails in such a short period of time. But keep that in mind that the emails they did collect can certainly be used in a Clinton Foundation fbi investigation my understanding continues to proceed. Maria in other words, we are still talking about an investigation that may follow Hillary Clinton should she become the president and that is an investigation around the Clinton Foundation . Yes, that is exactly right, of course, there are all sorts of hurdles to clear here if fbi finds that they have compelling evidence make a criminal referral what the department of justice does with that who knows you also have the problem of the Clinton Foundation frankly should be directly investigated seriously by irs for serious criminal violations to the irs code, you know the new revelation out claim that Foundation Resources used for cheeas weincommercial activities deserves investigation the problem people losing confidence irs and department of justice are going to actually impartially procure those cases. A great point talking irs, fbi the fate of the American People inness institutions, i think is one of the saddest things we are seeing in this election republicans often get blamed for divisive nature no one talking about the fact the Obama Administration, has politicized the irs, through conservative organizations, by researching investigating them he politicized the doj Loretta Lynch now fbi is there anything can be done to get American People fate back into crucial institutions . Well i think that is a great point, look everybody is saying oh, the reason people dont have trust in institutions in washington anymore is because you know those institutions are attacked by political partisans i would say no the reason they dont have confidence in those institutions is that institutions have been wanting when it comes to doing the heavy lifting we expect them to do. Look. I think when you were talking about investigating a powerful political figure like Hillary Clinton, or if she wins on tuesday, investigating the president of the United States, the only effective option is to have a special prosecutor or independent counsel to look into it you are going to have a department of justice irs, that are simply going to be you know intimidated or going to be subject to political pressure, and they are not going to pursue it so the question become, what is the check and balance and is it only check and balance is somebody who airfare assumes on both sides can independently look into what are very, very serious criminal charges. Maria why didnt he the grand jury brought in why didnt they have a special prosecutor, peter look the irs, targeted conservatives, boom, the department of justice has obstructed justice basically trying to put a claifrp clamp on investigation every agency politicallied because of president obama influence, so what what what does anybody have to do i mean is everybody powerless . That is a great point, look, a lot of the blame frankly you have to lay at the feet of congress. You know, you go back way back into the 1980s when you had the independent counsel and iran contra affair it was because of the congress we had independent counsel klook into that Obama Administration is not going this by themselves only if Congress Says look we control funding for the department of justice for irs, we control funding for large elements of the Obama Administration, and, you know, we are going to proceed on those areas only if you go along with an independent counsel, we will find somebody that everybody respects. But not going to happen sponlsly not if you have seem on cal hill chatter abouting how frustsdz they are with do. J. And irs you have to say this is how we are going to proceed and insist on it why we have checks and balances. Peter it is Dagen Mcdowell have you talked to the fbi again recently in the last few weeks, about thelinton foundation . I have talked to lets just say former sr. , fbi officials aware of the situation but i have not the last direct contact i had with people involved in the Clinton Foundation investigation was the end of february of this year. And that really makes sense frankly because i had you know several meetings with them, and those meetings were very much if i had further information further evidence, the book kind of speaks for itself, so they have gone on and, obviously, done a lot of other things and have other evidence besides just what is in the book. Trey gowdy yesterday on my show says we are demanding a special prosecutor i dont understand why congress is not being successful in forcing this Everybody Knows Loretta Lynch put a clamp on this, it is not any secret. That jim comey has been pressured to do this. Exactly right keep in mind when bill clinton meets with Loretta Lynch on the tarmac you know, in phoenix, it is not just a question of Hillary Clintons emails being under investigation he is doing that while his foundation is the subject of a criminal investigation. So you know, people dont have confidence in this, but look there is a difference between trey gowdy and people on capitol hill saying we demand this, and taking action. For example, the department of justice budget is determined by congress the Judiciary Committee for example sets that budget, if they say and this has been done in the past this was a cone in the 1980s, when there was a push for independent counsel in iran contra to say look we are going to use the Purse Strings to insist on individual we can all agree to o to look into this independently of you to take action that backs unwhat you are saying that you are demanding and independent council. Maria we will talk about this when weve got members of congress with us for sure, put that to them, peter good to see you. Thank you so much we will be watching Peter Schweizer joining us tuna in tomorrow special all day coverage of the election beginning an hour early on wednesday meanwhile, join us day after when we know the results 5 00 a. M. Eastern we will break down all the Election Results as we come to hour early on wednesday, coming up next powerful earthquake rattles key oil no choem could send to rememberors throughout Energy Market aspiring aviators drastic measures in the face of a Pilot Shortage. Back in a minute. Today i want to show you some internet videos. Tv oh, its gonna get crazy this is black friday that is insane. I would never do that. At chevy, you can avoid the chaos and get great deals on the most awarded lineup. I like that. Bam its awesome you dont have to camp out at the chevy dealer two days in advance. I love it. laughs wow. And you dont have to wait until black friday. Find your tag and get 20 cash back, or, get 0 financing for 72 months on select remaining 2016 silverado double cabs in stock. Find new roads at your local chevy dealer. Maria welcome back, 5. 0 earthquake shaking central oklahoma last night sheryl with the details. Cheryl good morning, maria good morning, everybody. Well that quake was centered near curbing oklahoma home to Worlds Largest Oil Storage Terminal reports of damage no years injuries so far one resident described the rattling and aftershock. I came up i felt shaking aunt grabbed my we ran outside just one of the many hoosh, after shakes crazy. Earthquake felt as far as little rock arkansas kansas city, missouri, watch gas prices 60 Million Barrels of crude there every day, so far though no damage has been reported. Well a Pilot Shortage forcing regional air also the boost starting wages, the the wall street journal says carriers increasing pay for first year pilots from 20,000 to 50,000. Experts say a wave of retirement at major carriers training, is offering 45 passenger flights in u. S. Right now, the year end awards expected 5 to 10 , smaller than last year, the bonuses reflects slowdown in merges and Acquisitions Companies going public increased regulation also making trading profitable for the banks you know dont family soar for them decline at firms like Goldman Sachs among the best paid jobs in america. Average salary 350,000 dollars last year do they need bonus . We wont feel bad after that thank you so much, ahead remembering the first woman to serve as attorney general we are going to look back at life of janet reno the scandals that o overcrowd her tenure within Clinton Administration fbi clearing Hillary Clinton again, the fallout from director james comey steady is to repep investigation then say we dont have anything new back in a minute. We live in a pick and choose world. Love or like . Naughty or nice . Calm or bright . But at bedtime. Why settle for this . Enter sleep number. Dont miss the semiannual sale, going on now. Sleepiq technology tells you how you slept and what adjustments you can make. She likes the bed soft. Hes more hardcore. So your sleep goes from good to great to wow give the gift of amazing sleep. Only at a sleep number store, right now save 500 on the queen cse mattress with sleepiq technology. Learn more at sleepnumber. Com know better sleep with sleep number. Wont replace the full value of your totaled new car. 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Who o have you done interviews with regard to that position should trump become president. No, and i dont think that story has any merit at all. I mean the focus is on winning tomorrow that is it i mean that is has been my objective from the very, very beginning of getting involved with donald trump, and looking very, very good with all the early results that are coming back in so we feel pretty good about him winning tomorrow. What about this latest bombshell from fbi, jim comey saying Hillary Clinton is cleared. Well, i mean she is from what he just what they looked at i mean there is still he still says she is extremely careless with handling classified information, there is still other investigations ongoing with the Clinton Foundation, you know you still have issues that are surrounding human and others who have been given immunity that may have violated those clauses thiey were driven a cloud surrounding it at this point because of 11th hour that we are in American Public are now going to have to be the judge and jury, and frankly i am okay with that, because because america sees it for what it is really sick of the establishment in washington, d. C. , and what people like Hillary Clinton represent, and they want not just change but dramatic change they want big, big leadership and that is what donald trump has been talking about. Going to be hard anthony scar mutual toy change voters feelings about fraud corruption that is so obvious in government. You the is primea facie general keep fingers crossed assuming mr. Trump does win tomorrow what steps do you think would you recognize to try to clean this up . Well, i mean i think that you are seeing you know, a lot of outreach the last couple days particularly by the republican establishment the republican party. And i will tell you know because of the message of unity donald trump has been talking about, for all americans i mean it is everything from it is everything from the Lgbtq Community the gay force trump latins for trump blacks for trump, thank you know, the women for trump i mean so donald trump is about bringing people together, and honestly you know that is a big message of his that to make sure that we make America Great again that is the vision what people are showing up in thousands tens of thousands in cases to include last night at midnight to be three hours late leesburg Virginia Held a crowd of about 10,000 amazing, so people really want this change. And my recommendation would be to stay on this this unification message of making America Great grain. General it is Dagen Mcdowell is the danger is the danger in watching the crowds of people who show up for you who are mostard relent supporters thinking that you can extrapolate those people to the broader vote you talk about virginia, again, virginia leaning democrat quite frankly Hillary Clinton so far had in some polls almost solid democrat days of Northern Virginia and Hampton Roads area. I give that that example an analogy for what we are seeing around the country whether or not virginia goes for trump or not, it is a lot closer than certainly a week ago, you see where donald trump is going into other you know, i guess tradition blue states i am not a political person but i am paying very close attention to the internal polls that i know that we see some of the data that our folks are involved in, and the returns on early voting i mean all of the trends for us in areas where they need to be look very, very good. And i am very optimistic positive about tomorrows results doesnt mean that people still dont have to get out and vote i think the voting licensed tomorrnes extre well well past hours of darkness, tomorrow night across the country, from east coast to the west coast, for the polls to you know for everybody to get through the polls, so but were very positive about what we see and many, many states. As to. Morgan. General flynn honor to be with you sir. Thank you. Do you trust the veracity and the depth of the investigation of the fbi investigation since last friday into the emails . Do you trust it should American People trust it . Yeah, you know it is a really that is the 64,000 dollar question, based on the you know the statement that came out of jim comey yesterday i mean it is it is i he personally i have to we have to, we have to trust our legal system we have to trust our Justice System but that is in question right now, because of the way it has been handled from last july all the way until the last 24 hours. And it causes the people of this country to kind of reel back go what is going on with our Justice System if one thing in country that we have to respect, it is the rule of law, it is the best it is actually the best thing that we have, you know, tomorrow the country is in the we have above all other countries around the world, and when it is in question which it is it is in question. Now personally, you know, i am still sort of you know, sin sin they sized should he said she dried destroyed 33,000 emails after a congressional subpoena there is too much at stake there is going to have to be a renewal of faith in our Justice System for next president of the United States i believe donald trump is able to do that. How does that happen you know, we know people assume that Loretta Lynch has basically pressured jim comey to make a statement before the election but we also know, that the Clinton Foundation investigation is ongoing. So we still dont have answers in terms of how this will play out, should Hillary Clinton become president. I think it is a couple of you know very simple words, and donald trump has been talking about them for a couple of weeks now. That is honestly accountability and transparency it is not this is not a nice to do thing or you know we should this is a must do we must bring honesty back from bully pulpit on down must bring transparency make people accountable for actions in government, no one is above the law in government, i dont care whether president of the United States or you are you know, joe or jane truck driver out there, doing whatever you are doing everybody has to we have to respect the rule of law in this country. See if that helps trump because people recognize that they dont really believe all of this Lieutenant General good to see you. Thank you for joining us general Michael Flynn joining us look back at life of former attorney general janet marine op accomplishments controversies that cloudy her career in Clinton Administration. Twitter goes dark what may have led to overnight outage John Ashcroft coming up life, back in a minute. Your path to retirement may not always be clear. But at t. Rowe price, we can help guide your retirement savings. So wherever your Retirement Journey takes you, we can help you reach your goals. Call us or your advisor t. Rowe price. Invest with confidence. Wheyou wantve somto protect it. E, at legalzoom our network of attorneys can help you every step of the way. With an estate plan including wills or a living trust that grows along with you and your family. Legalzoom. Legal help is here. Maria welcome back happy monday everybody thanks for being with us i am Maria Bartiromo it is monday, november 7 top stories right now 8 30 a. M. On the east coast, just one day to go, fbi, has cleared Hillary Clinton yet again, from her email scandal, the move causing chaos less than 24 hours before polls are opening, and increasing the rhetoric on the campaign trail. On the one hand you have somebody who may be the most qualified person ever to run for the president. On the other hand, youve got the donald. Dont boo. All he wants to do is campaign, you know why . You know why . Because she cant campaign for hers lets face it. She has no talent she has got no ability. She has got bad instincts. Just where do candidates stand in your state the path for both sides through the electoral map sad news to report this morning former u. S. Attorney general janet reno passed away, reno served under president bill clinton was first woman in that roll condolences to family and friends, twitter wikileaks hit with tonsillectomies wikileaks says denial of Service Attacks unclear what caused twitter to be down business of luxury the recordsetting core that could have ferrari shares hitting the gas opening of trading today Hillary Clinton news driving cartings futures a stronger opening for the broader averages at highs of the morning up 250 points, 1 1 2 higher nasdaq expected up 1 2 3 percent european and asian markets set done after news hit yesterday eurozone averages up between 1 1 3 and one and three quarters percent asia overnight gains kroofb the nikkei average up 1 2 3 percent former u. S. Attorney general janet reno died was 78 years old joining me john ash across the former attorney general under george w. Bush attorney general ash across the thanks very much for joining us. Good morning to you sad us. About attorney general reno she was a person extremely a hardworking person i invited her to Justice Department to speak to lord i when i to our leadership we wanted to make sure we captured any wisdom for our opportunity to serve. It is sad news i know you you been succeeceded janet repo she was involved in whitewater Monica Lewinsky what was most important influence do you think . I think she was a veteran long term prosecutor. She had given her life to this securing the safety of american liberties, and i think she is respected for that. She was a person had ability to focus and to work hard she spent very long hours, and deeply involved in the department respected for hard work. Maria now, those liberties that so many of us sometimes take for granted, could be in jeopardy this morning. And today meaning today the issues of the day that we are talking about every day we had a bombshell yesterday from fbi director jim comey on clinton email controversy clearing her a second time jim comey was your deputy served as acting attorney general when you were in the hospital. Do you agree with this decision, and tell us about james comey today what should we be thinking begin this decision now just nine days after he reopened it . Well, it is not my understanding that he cleared her. My understanding is that he found her having violated a number of the laws but saying that he would not choose to prosecutor her there is a difference between finding someone violated the law, and saying that well were not going to prosecute her i think he reit had renovated that one of the tragedies is reflected that this investigation was started to make sure law applied in the same way top of social order would be to anybody else any ordinary citizen yet this case has just been marked by extraordinary no grand jury empaneled, immunities granted without any charges ever being filed, whole variety of things resistance of the Justice Department in related matters what is now wellknown Clinton Foundation investigation, the rerestaurant of the Department Leadership over the fbi so then the last thing is if you are supposed to believe that all of this is business as usual it is not business as usual for the for announcements to be made sunday afternoon. Now maybe, maybe this is mandates and required by the circumstances but i believe we found ourselves in a situation where the people at the bottom of the social order in the United States dont believe the Justice Community can protect them and they believe that the people at the top of the social order are not subject to prosecution. And prosecution and protection are two main functions of the judicial system we are having a hard time as nation helping people develop a restored confidence, in the Justice System of the United States we have a big job ahead of us because of all these anomalies that appear to be existing for someone based on the fact that the individual involved in breaking the law was at the top of the social order and not just one of ordinary citizens of america. It is pretty extraordinary and i am glad you made the distinction because it is very important for viewers to understand what is going on here. She has not been cleared, in terms of of the Clinton Foundation investigation. I guess that is ongoing but what is your take in terms of how that plays out should Hillary Clinton become president . I mean, can they investigate the president . First of all, she is not been cleared of wrongdoing in the other circumstances, she has been it has been said that they did not recommend pregnant h process acuteing her comey didnt say it was appropriate to prosecute her prosecutorial discretion the fbi is Investigative Agency not Prosecutorial Agency Justice Department has shifted its responsibility to make those decisions, out of the ambit of the Justice Department over to the Investigative Agency so it is a confused area. And normally fbi does not decide when prosecutions are to be made the attorney general might ordinarily decide had been compromised by her involvement with the with former president bill clinton, and private meetings just at the heart of the height of investigation we have all these anomalous circumstances result in dislocation of public trust as relates to justice an unfortunately thing if elect very series circumstance a person who will be in charge of prosecution the president ultimatemately in charge of the Justice Department can hire and fire attorney general and prosecutes in the country president has pervasive power to pardon people, now would president obama were Hillary Clinton to be elected or win election would he pardon her in advance before he leaves office . Or would he wait for her to be supervising the Justice Community as would it investigate further things that are totally related to her own existence of and behavior and conduct these are very, very serious questions. Just extraordinary questions. Actually, i just want to read the compact wording that jim comey wrote to inning could, he said, based on our review we have not changed our conclusions that we expressed in july with respect to to secretary clinton that is the line, so you are right it is quite vague it leaves the door open, to further investigation here, but hat is the road back . The irs targeting conservatives, the Justice Department getting involved in an fbi investigation with Loretta Lynch also out in the open, everybody knew, meeting with bill clinton on that plane. How does the public regain trust in these agencies that are so critical to a democracy . Well , it is the Restoration Construction of trust is alled more did i than destruction of trust you can burn a house down in 20 minutes it takes 20 months or 20 years to build. So it is a very important thing that we have integrity in the system. So, for instance, the president has complete power to pardon. But he would probably prefer not to have to exercise that power and i dont think would it be in the interests of the public for that power to be exercised there maybe some way a special prosecutor or speci could be developed. We have abused a government when prosecutorial function was displaced from the Justice Department and sent into the fbi. Right. Fbi director serves on a 10year term, never has won been fired if abuse or absence of professionalism there, we have never really he experienced what happens, in ordinary prosecutors subject to withdrawal by president. Wouldnt one way to sort of clear the air would be for congress to push aggressively and to be agreed that we would get a special prosecutor or grand jury in to look at Hillary Clintons behavior to see in fact, hear from independent person or independent committee about this why hasnt that taken place . Well, there is there are congressional investigations. Now it is pretty clear that the american judicial system doesnt provide for prosecutions by the legislative branch. There can be investigations being. The problem is when congress subpoenaed the records and congress subpoenaed the documents you had aggressive acts of destroying and deleting and believed driving congress of capacity to see those documents so you have the hammered phones, the pleec bleached records socalled lost items this most recent episode where we have made some sort of an investigation of hundreds of thousands of documents in a matter of a couple days when it took us a number of months to make an investigation of many fury documen fewer documents anomalies not easily rendered. Does your mind tell you he basically got a call from Loretta Lynch or someone above saying you better make a statement before the election. Well, i i dont know that you have to rely on your gut in this respect, i mean there was public made public that there was protesters of his announcement that the investigation had been reopened about a week ago. He felt pressure. Pretty clear i i cant say what he felt i know he is a person who was good intentions, but i think the circumstances have have really gotten into such a bad situation here that that there he arent easy exits. Mr. Attorney general good to see you. Thank you. My pleasure. John ashcroft. Travel with my daughter. Roller derby. Now give up half of em. Do i have to . This is a tough financial choice we could face when we retire. But, if we start saving even just 1 more of our annual income. We could keep doing all the things we love. Prudential. Bring your challenges. Maria welcome back, 40 minutes from opening bell a bile rally expected start of trading 257 points that is high of the morning, with Dow Jones Industrial average trading up on the news fbi yesterday came out and said there is no change to his conclusion over Hillary Clintons email scandal, from july. We are watching shares of twitter today company is back up this morning after briefly going down overnight, twitter outrage lasted a few minutes as of now social media web site has not said what caused any problems. Watching shares of ferrari get this luxury car maker raising full year forecast posting strong thirdquarter earnings revenue up 8 year over year stock up ahead of the on this morning to wire in several key states joining us now host of vain vairn, stua varney company, Stuart Varney too close to call. This election probably decided in 6, 7 or 8 key states, i am looking at polls in those states, you are frankly it is too close to call listen to this the quinnipiac poll Shows Florida Hillary Clinton up by one, North Carolina Hillary Clinton up by two, that is a statistical dead a heat in colorado realclearpolitics says up two points, okay the other side of the coin in nevada donald trump up to by in ohio up 3 New Hampshire up by one, those are all key states, all of them with exception maybe of ohio a statistical dead heat, you really cannot call it that is where the election is going to be decided. Can i add one quick thing stuart in nevada and Florida Democrats in terms of these of early voting are ahead of republicans. That is true. Dagen ways happening is not in line with polls and with New Hampshire and pennsylvania for the most part no early voting, about. Take your point but at this stage, normally you get an indication of where things are going. And in those states, i dont think you have got a very clear indication the National Polls are entirely different thing very soon we are going to get latest fox news poll, i call that Gold Standard of polls that will be a national poll, going to take a look at that, that says we go into the last 24 hours, i mean it really is exciting. I will say again maria, you and i are privileged to have a front row seat watching history i think it is sfaabout fantastic. You have got to turn to stuart 10 a. M. New fox news polls varney company, see you 10 minutes. Varney company top of the hour 9 00 a. M. Eastern join stu that new poll fresh the latest the last poll before election day at 10 00, fight for New Hampshire how Hillary Clinton donald trump trying to gain ground in the Granite State before voters head to the polls tomorrow were back in a moment. Looking for a Medicare Prescription Drug plan that could save you money . 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Well send you a free enrollment guide, even help you enroll right over the phone. Or you can enroll online its quick and easy. Remember, open enrollment ends december 7th. At unitedhealthcare, were committed to helping you find the Medicare Part d plan that fits your needs and budget. Thats why we offer three plans. Like our new aarp Medicarerx Walgreens plan with one of our lowest monthly premiums and 0 copays for tier 1 Prescription Drugs when filling at any of the more than 8,000 walgreens nationwide. Call unitedhealthcare today to learn more about your Prescription Drug options and find the plan thats right for you. Maria welcome back final day on campaign trail candidates are targeting key battleground States Donald trump making one last case for the people of New Hampshire this morning where we find peter barnes good morning to you. Reporter hey good morning, everyone. His inventory tonight president obama here this afternoon for get out the vote rally Hillary Clinton was here last night for a her last visit, to the Granite State before election day, she did not address the latest developments in the fbi investigation, into her use of private email, instead talked about healing and reconciliation after the election tomorrow a poll out this morning shows clinton interestingly with a Comfortable Lead here, wmur, university New Hampshire polling likely voters gives her 49 to 38 for trump, 6 for johnson one for stein, and 4 undecided polls that poll also did not ask her ask specifically about fbi controversy like some other polls have, and that poll has generally had clinton comfortably ahead for many months here while others have showed this race basically tied. Now, mike pence the v. P. Candidate for trump was here in New Hampshire as well last night did address the latest developments in the fbi investigation. Listen. Mishandling classified information is a crime. Okay . I mean literally right now, you know youve got everyone from fourstar general to sailor that are facing prison time for having done a mishandeled a fraction of theub in of classified documents fbi concluded were on her server. We got that donald trump his final visit here tonight a rally here at 8 00, and we will be there maria. Maria thank you so much we will be right back. What powers the Digital World . Communication. Like centurylinks Broadband Network that gives 35,000 fans a cutting edge game experience. Or the network that keeps a leading hotel chains guests connected at work, and at play. Or the it platform that powers millions of ecards every day for one of the largest greeting card companies. Businesses count on communication, and communication counts on centurylink. We live in a pick and choose world. Love or like . Naughty or nice . Calm or bright . But at bedtime. Why settle for this . Enter sleep number. Dont miss the semiannual sale, going on now. Sleepiq technology tells you how you slept and what adjustments you can make. She likes the bed soft. Hes more hardcore. So your sleep goes from good to great to wow give the gift of amazing sleep. Only at a sleep number store, right now save 500 on the queen cse mattress with sleepiq technology. Learn more at sleepnumber. Com know better sleep with sleep number. Welcome back. Final thoughts from our allstar panel. Morgan. Everybody is looking to win the presidency and senate. Im looking for five states where legalizing marijuana is on the ballot, california, arizona, maine, massachusetts and nevada and the backers say get Congress Moving legalizing marijuana. If youre bored with the president ial race, look to that. Maria Anthony Scaramucci. Id be careful with the market. Its rallying going into the election, but its toppy. Dagen the person elected the next president of the United States will be in new york city. Hillary clinton at javits and donald trump up the street. And i hope that security as tight as it needs to be. Maria and isis said theyre making calls to create as much havoc and death on election d day. Dagen i value our National Security and the work of the new york city police. I think well be fine. Maria and well be watching and of course be here covering it all tomorrow. All hands on deck, november 8th. Election day and then morning after, an hour early here mornings with maria. Varney Company Begins right now. Stuart. Stuart thank you very much indeed. No criminal indictment. Stocks go straight up. Frenzied campaigning in the final hours and in the states that unt could count its just too close to call. Good monday morning, will you look at this. The dow will be up. The moment that they heard there was no indictment, stocks went up. You can tell the money is moving and the shifting in the money markets, a hillary win. She went quickly from a 71 chance of winning to 83 chance, happened very quickly. The leaks, however, just keep on coming