kennedy. and if his name sounds familiar, it should. this guy was neck deep in the benghazi controversy and his fingerprints were all over her e-mail scandal from the very start. the details on kennedy's attempt to reach a deal come directly from the fbi's own files. now keep in mind, this guy was working for you. he was supposed to be working for you at the state department in deal with the fbi that was investigating clinton and the e-mail. the fbi's own files -- and this was the lead issue that was discussed in an exclusive interview that fox's karl cameron just landed with donald trump where he asked him about an fbi note that certainly makes it sound like patrick kennedy care more about protecting hillary clinton than protecting you. watch. >> well it's illegal. what's taking place is illegal between the justice department and the fbi and secretary of state and the state department. i think it's crazy what's going on. it's totally illegal. it's a criminal act, a crime. and i hear the republicans are going to hold hearings after the election. why would you hold them after the election. you want to hold them before the election. this is a criminal act and it's incredible that they can do this and get away with it. >> in moments judge napolitano will tell us whether donald trump is right, whether a crime has been committed here. we begin with katherine who is going to set this up for you so we all understand it. >> these fbi records released today state in black and white that one of secretary clinton's most trusted lieutenants, patrick kennedy wanted a backroom deal with the fbi over the classification of clinton's e-mail. a leading republican says it's evidence of a broad conspiracy. >> i think it's corruption. i think it's manipulation. u think it's against the law and it certainly goes to the intent. somebody should have been prosecuted for this. >> according to the fbi interviews known as 302s, kennedy wanted to do a swap. the fbi would downgrade a highly sensitive clinton e-mail to unclassified and in return the bureau would get coveted slots for agents overseas. they read in part, redacted believes state has an agenda, involving minimizing the classified nature of the clinton e-mails in order to protect state interests and those of clinton. >> the fbi agent specifically uses the term quid pro quo. this is no small thing. >> i understand that. >> your executive is accused -- >> that's why i said there's no quid pro quo. >> well it never happened. >> absolutely not. >> both the fbi and state department emphasized to reporters today the e-mail classification was never changed and the fbi never got additional slots for its agents overseas. but legal experts say even the discussion of a back room deal potentially violates federal law. >> thank you. joining us now judge napolitano. well this stinks to high heaven and we don't have to look far to see at least the person on the receiving end of deal is a quid pro quo because it's in the fbi agent's notes. >> an fbi agent in charge of handling documents in the clinton investigation was approached by patrick kennedy. mrs. clinton is not the secretary of state at the moment. he's working for secretary kerry. and he makes the offer that catherine just described for us. can you change the marking on this document. >> he was working for us when he's doing that. >> correct. >> he doesn't answer to hillary clinton anymore. >> correct. >> he's supposed to be looking out for us. >> markings on documents are changed all of the time. they're changed so that people at a lower level of security clearance can read documents that they wouldn't otherwise need to be able to read because they need so see what's in there. but they are never ever lawfully changed after they've been subpoenaed and when they've been accumulated as evidence in a criminal investigation. open and it was under that circumstance that patrick kennedy asked this fbi agent to make those changes which of course he refused to make. >> let's say patrick kennedy, again he is neck deep in benghazi. the blame, there was plenty to go around, the absence of security, despite the begging of ambassador chris stephens. but patrick kennedy was in the mix of it and was not blameless. it would be one thing if he saw a document and say said this is legitimately problematic and we shouldn't be producing that. if that were true he wouldn't have to offer the fbi the carrots to get them to agree to his proposal >> the offering of the carrot, even though it was not accepted by the fbi, is an attempt to commit bribery. the fbi didn't see it that way. they didn't charge him with anything either because they felt they couldn't prove the case or maybe the fbi was in the tank for mrs. clinton and all of her people from day one of these investigations. >> that's not easy to believe. >> it's difficult to believe. but the evidence is there. and the fbi document which came out over the weekend, he offered me something of value, not to me personally but to the fbi if we would alter evidence. that's an effort to bribe, to deface evidence, to abinstruct justi justice. was anybody charged with those crimes? no. >> and the advantage to him in having the fbi classify this document from what it was to something else, was that it would get buried than the fbi wouldn't have to have it, it wouldn't have to get produced publicly. no one would have to see it? >> correct. and his former boss and still dear friend secretary clinton could not be blamed for exposing a national security secret which of course she's done hundreds of times. >> judge, good to see you. >> likewise. so the clinton campaign is also dealing with new fallout from leaked e-mails including one that shows their immediate unvarnished reaction to a national tragedy. it came immediately about the december 2015 san bernardino terror attack when two muslim extremists opened fire on a holiday party. ed is here with more. >> julian assange said the ecuadorian government cut off his internet access but wikileaks is up and running now and just dumped out 3,000 e-mails, one that is fascinating from last december after the san bernardino massacre leaving people dead. john pa december that sent an e-mail suggesting that it might be better if a nonmuslim had led the attack. they tweeted the name of the name. damn wrote the spokeswoman for tim kaine. pa december that responded better if a guy name farook was reporting that a guy named christopher hayes was the shorter. then a shocking e-mail, clinton right in 2014, the government and the united states needed to quote bring pressure on the governments of cqatar. two years earlier bill clinton has no problem accepting money from that county. officials from qatar would like to see wjc for five minutes in new york city to present a million dollar check that kwut ter promised. when questions wrd raised about the money, top campaign aides e-mailed each other, no big deal, take the money. >> matt bennett, a former deputy assistant to bill clinton and pete hoox tra. the noex that7i problematic in the clinton camp, that this man who committed this horrendous act of terror was muslim and it would have been more preferable if the man had been white says what? >> number one, it's always about the spin. and san bernardino they had to control the spin because the clinton narrative was aus we don't have to worry about the threat from radical islam. they did the same ning in benghazi when they said the attack was a result of a demonstration when it was really because there was an attack. they said it was america's fault because there was a video. in reality it happened because they hated us. it's always about getting the spin right time after time. it is political corruption because everything is about getting to the vote and winning the vote and never solving the problem. >> matt, what is wrong with that? you can see a lot of people not understanding why it was so problematic in their view that the killer was a radical islamist killer. >> let's remember where this comes from. these were stolen documents, just like in watergate where someone broke in and stole the government. here the russians -- >> that's a good admonition. >> personal property and dumped them out on to the internet with no context whatsoever. what we're seeing is this one exchange between two clinton staffers without any context. we don't know if they talked in the hall two minutes before this. we don't know anything about the context of this. so for peter to say that this is clearly political spin is ridiculous. we don't have any idea why john and karen were having this exchange. >> i'll grant you all of that. but you have to see this as problematic. it plays into the narrative that many people believe about the clintons and the obama team for that matter which is there's just a complete unwillingness to accept reality, which is that there are radical muslims, not mainstream muslims, but there is a faction of islam that has corrupted the most extreme words that are written in the koran and elsewhere into a mandate to kill. why is it so hard -- that's not condemning all of islam. it's just understanding that sometimes when domestic terror attacks are committed, they're committed by radical hislamists. >> secretary clinton understands that to her bones. >> why is her team so upset that it's a muslim committing a terror attack as opposed to a white man? >> i don't know. because i don't know the context. let's take -- peter speculated. i'll speculate too. if a white man commits this, unfortunately in this country there's 33 murders every single day. this would be par for the course. but if this is muslim terrorism, then there is all kinds of other implications, could be follow-up violence. it's dangerous to owe people as opposed to being what would likely be an isolated incident. there's a lot of reasons they could have been reacting the way that they do. >> that tells me like a charitable read of what we saw in that karen finney e-mail. >> it is a charitable read. and matt is right. hillary clinton was involved in every major foreign policy and domestic security decision for about four years. and she always sided with the radical jihadists. in egypt she decided to engage with the muslim brotherhood np in libya she sided with jihadists to overthrow gaddafi. today iraq, syria, yemen, libya, afghanistan, they are all failed states, all sending massive flows of refugees into europe. she's consistently been wrong on her strategies to confront, contain and ultimately defeat radical jihadists. we've gone from 3,000 people killed per year to over 30,000. >> got to leave it at that. great to see you both. there was a landslide of new polls today on the national race and the swing states. chris stirewalt is ahead with interesting findings buried in the numbers. is that a new head shot? look how sweet he looks. plus donald trump is taking heat from all sides as he ramped up warnings about what he's calling a rigged election. dr. ben carson is just ahead to weigh in on that. then with nine women now accusing donald trump of crossing a serious line involving sexual assault, his wife has come forward to talk about the accusers, her husband and how she reacted when she saw tape of her husband talking about grabbing women. that's next. >> from a woman's perspective, what were your thoughts when you heard those tapes? ♪ fifty years ago, humpback whales were nearly extinct. they rebounded because a decision was made to protect them. making the right decisions today for your long-term financial future can protect you and your family, and preserve your legacy. ask a financial advisor how retirement and life insurance solutions from pacific life can help you plan for your future. what powers the digital world? communication. like centurylink's broadband network that gives 35,000 fans a cutting edge game experience. or the network that keeps a leading 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prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. raise your expectations. ask your gastroenterologist about humira. with humira, control is possible. backing tonight, we have brand-new reaction from melania trump who is speaking publicly about the series of women who has come forward accusing her husband of sexual misconduct. mrs. trump's decision to address the issue comes accuser, a woman by the name of kathy heller talked about an issue when donald trump forcely tried to kiss her. trace gallagher has the latest. >> she claims in 1997 she and her moth were having brunch at trump's when he came to introduce herself. but instead of shaking her hand, heller said he went for her lips. the trump campaign says, quote, there is no way something like this would have happened in a public place on mother's day at mr. trump's resort. it would have been the talk of palm beach for the past two decad decades. for the record, kathy heller is a hillary clinton supporter and claimed she's owed money by the mar-a-lago resort. melania trump talks about the growing list of accusers. watch. >> why now? why three weeks before the election? and what they're accusing me husband, that is not the person that i know. >> why do you think they would make this up, then? >> because they want to damage the presidency of my husband. and it was all planned, was all organized from the opposition. >> melania trump also addressed the access hollywood tape that prompted these allegations, acknowledging it was painful. watch. >> those words, they were offensive to me and they were inappropriate. and he apologized to me. and i expect -- i accept his apology. and we are moving on. >> moving on but also looking back, realizing that when donald trump decided to run, those negative stories would come out. here she is again. >> we talked about it. and of course we knew, because he's live for what he's achieved in life, where he was. his life was open book. a lot of people know about it. my husband, he's raw and he's real and he tells it as it is. he doesn't want to brush it off under the rug. >> and we should note donald trump calls his accusers horrible, horrible liars. megyn. >> trace, thank you. well melania trump isn't the only one taking on the allegations today. earlier the night the issue came up between karl's campaign interview with donald trump. >> first of all they are all lies, made up stories, fabricated, whether they like hillary or whether they want to become a little famous or something. every one of those charges were false and they were lies. the woman on the airplane 35 years ago, or 30 years ago? i mean you don't even believe that one, okay? maybe you're very gullible but you don't believe that one. >> joining me now, krystal ball, karl hig by, former navy s.e.a.l. and christy anderson. good to see you. krystal, let me start with you. just to be fair, the accusations range from he explicitly grabbed a woman's genitals to he went and gave me a kiss on the side of my mouth upon greeting me. i don't know whether all of these are going to amount to sexual assault. but you heard donald trump's dismissal. your thought on melania's statement tonight and trumps. >> well, i think for donald trump he continue to assert this as a vast conspiracy and one all of them are lying. one of the things that bothers me is that the women are out seeking fame. no one is having fun right now. this is not a good time too go out and accuse a powerful man of sexual assault. they're being scrutinized for their looks and stories, being called liars. who knows what ugly messages and threats they're receiving. in terms of melania, she doesn't need our sympathy. she's a groan woman but i do feel for her. she's fighting for her husband. she of course believes her husband and is going to defend him one one thing u would say is that i hope people would show hillary clinton when she was in a similar position trying to defend her husband, the same sympathy that melania trump deserves here. >> don't hold your breath. i don't know that hillary was as sympathetic as melania is. >> what you hear from melania, it actually reminded me of the vast right wing conspiracy comment. she's also asserting that this is essentially a conspiracy. >> i'm only saying the tone, the tone and the delivery was different. >> the tone is definitely different. but when you're the wife, of course you're going to defend your husband, of course you're going to go to bat for him. i think that's what you see here and she does it very well. >> christy, how dug in are people on this issue of the tape, because the latest poll that came out showed they do think it's a legitimate issue. everybody has seen the tape. 55% believe it's a legitimate issue in the election and that only 42% believe it's not legitimate, which just about near trump's support. how dug in are the voters? >> voters are pretty dug in and donald trump has to be pretty glad to have a character witness like melania trump coming out giving support to him. the slew of polls that have come out have not been great news for him. you have about 85% of republican voters saying they're voting for trump. about the same number of democratic voters say they're voting for hillary clinton. nine out of ten say they're not going to change their mind. and even though a majority says that this issue is relevant, most people also said in that same poll that this isn't going to change their mind. while trump is probably glad to have melania out there hopefully getting out this out of the headline, his big challenge is not necessarily just batting this down because a lot of voters do think that his character is something that we should be discussing. >> karl, one of the things that milelania said tonight, first o all, she believes that billy bush egged on donald trump in that tape and that you know, she's sort of saying she feels like -- she said it was boys' talk even though he was r59 yeeshs old when he engaged in it. >> these women are just debunked just as fast as she was coming out. you have jessica leads, debunked by another passenger on the plane. mindy was debunked -- >> i would say challenged is probably a more fair characterization. debunk says they've been proven wrong. >> one woman said it happened at an event that didn't occur. that's debunk. >> there's a headline that a woman on the airplane has been refuted. one somebody comes forward saying that is not how i saw it, that does not refute anything. but the problem for donald trump is he doesn't have enough time between now and november 8th to disprove these women. and even if he did, the opinions on trump among women and independents were firming up and not in his favor long before that access hollywood tape broke. >> that's exactly right. nate silver -- or 538 has a column saying that men are voting in this election indicating they're going to vote in the election like it's a normal year and women are not. women are disproportionately going for hillary clinton. and the big problem for donald trump here is that majority of voters think he did the things that are being alleged but it's consistent with his own words and the way that frankly he's treated women during his life and even over the course of this campaign. it's too late for him to turn around the perception. >> what do you want to see? what version of trump do you want to see at this debate? do you want to see fighter trump? presidential trump? >> i want to see 25% of what he saw in the second debate and the other 75% pure policy. >> i got to ask christen, the poll is not in his favor. does he have any chance, really, do you believe he has any chance still of winning? >> he's got to pull off a perfect run in florida, nevada, new hampshire and that congressional district in maine. the odds are long. but everybody has been wrong writing donald trump off until this point. you can't completely count him out. in two days for the first time ever a fox news commentator moderating the debate. chris wallace. he is very good. he'll moderate the all important final debate between trump and clinton. it's a make or break event. less than three weeks before the historic election. and it will be held within 48 hours hours, october 19th in vegas. the best play to watch it is right here on the fox news channel because we're be on all night and we'll be giving you all of chris wallace's questions -- i mean secrets. we know how he prepares and take you through the process. we have breaking news tonight on more than half a dozen new polls just out and the shape of the race heading into wednesday night's big showdown. we'll show you how amy schumer angered her fans and touched off a national backlash with what she did to a trump supporter in middle of what was supposed to be a comedy show. then mr. trump tonight added to the controversy over what he calls a rigged election. dr. ben carson is next on that. >> you look at certain areas of the country in terms of the voters and the booths and everything else. >> what evidence is there that you've seen that suggests that there's voter fraud underway now? before i had the shooting, burning, pins-and-needles of diabetic nerve pain, these feet played shortstop in high school, learned the horn from my dad and played gigs from new york to miami. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. nerve damage from diabetes causes diabetic nerve pain. lyrica is fda approved to treat this pain, from moderate to even severe diabetic nerve pain. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling or blurry vision. common side effects are dizziness, sleepiness, weight gain 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your part d options today. at vonage.com/business and something amazing happens. that's our inspiration for fancy feast medleys. wild salmon primavera. tastes amazing. also in pate. fancy feast medleys. still not sure whether to stay or go on that business trip? ♪ should i stay or should i go? ♪ this fall at choice hotels, the more you go the better! now earn a free night when you stay with us just two times. book direct at choicehotels.com. breaking tonight, despite a growing backlash, republican presidential nominee donald trump is continuing to charge that we are looking at a rigged election. and he's putting the blame squarely on the media. >> you see what's happening, the process is rigged. this whole election is being rigged. these lies spread by the media -- we're going to make history together. remember, it's a rigged system. it's a rigged election. it's a rigged system and they take these lies and put them on front pages. >> in moments we'll be joined by trump campaign adviser dr. ben carson but we begin with campaign karl cameron who as you saw just spoke one on one with donald trump. >> reporter: thanks, megyn. trump was on fire tonight and she rattled off a bunch of reforms tonight. and as for his argument that there's a rigged election in the works and there will be rampant voter fraud across the country, he'sing it on what's happened in past elections. listen. >> i am talking about past elections. i'm talking about recent elections but past because that's the ones we have to judge by. and when you look at the voter fraud, when you look at illegal immigrants voting all over the country, when you look at people that died ten years ago. we have voters all over the country where they're not even citizens of the country voting. and you look at certain cities, i won't name them right now -- >> you've mentioned philadelphia quite a bit. >> i think mitt romney and mccain got no votes. philadelphia is one. you look at what's going on in chicago, look at what's going on in st. louis and many other cities. there's tremendous voter fraud and how republican leadership doesn't see that is beyond me. >> trump seemed relaxed in the interview and all of the questions he seemed to handle pretty easily. tomorrow he goes to colorado, another battleground swing state where he's trailing in the polls and then the big debate on wednesday. he still thinks the media, collectively, including fox, is a it are l bit out to get him although he says we're better than most. >> joining me now, dr. ben carson, a trump campaign adviser. why is he going after the republican leadership for rigging it? is the republican leadership rigging the ballot boxes and beering up the media to be in the tank for hillary? >> no, of course not. i think he's a little bit miffed in terms of why they aren't investigating some of the allegations that have been made in places like philadelphia where there are huge numbers that voted for obama and like zero for romney. >> that's just in a few counties. there are all these precincts and in some precincts romney and mccain got no votes and some they got many votes. in some of the precincts it's only like 100 people voting. it's not that suspicious that republicans got no votes. >> it's too late to do anything for this election. but we should be looking at the integrity of our voting system. i was talking to someone last week who said they went to vote in the last election and they weren't asked for an identification of any type. you know, those are things that really could easily be rectified. but i think what's really being talked about here is the media and the excessive ament of attention that they've paid to, you know, the allegations against trump. and almost nothing with these massive things that are going on with the e-mails and with the leaks with hillary clinton. what that is doing is it is saying that that level of corruption, let's just put our heads in the and what is that saying to our children? if we continue to accept corruption, everybody is going to be corrupt. that's what the book of proverbs says. >> let me ask you a question as somebody who was up against donald trump in the republican primary season. do you see a difference many the way the mainstream media is covering him now versus the way they ko they covered him back then? >> it's a massive difference. yes. >> what is it? >> well during the primaries thar were all too eager to hear everything he had to say and to put it, you know, in a much better light than they are now. now they've kind of turned against him and become instruments of the political class. and remember, this election is not about democrats and republicans. it's about the political class versus the people. that's where the real difference is. and that's the reason that i actually think that trump is going to win. because i think the american people are actually wise enough to see what's going on. they recognize that the media is very biassed. >> having benefitted from some inherent bias of the media to promote the ratings machine as he calls himself in the primary season, is he really in a position now to complain when they cover him just as much now but the coverage tone has shifted remarkably? and i might add predictably. >> certainly it would be wise at this stage, at this late stage to really concentrate on the issues, because, you know, the differences between trump and clinton on some of the major issues that affect our society are gigantic. and yet people aren't getting a chance to hear about that and they need to hear about it so they can make an intelligent decision. >> well, it's been interesting. there is -- i mean it has been preted marked, the difference between the primary coverage as you of all people know versus the general election coverage. but that was never going to be a mystery. >> that shows you how much power they have. how much power the media has. >> they do. >> and i continue to plead with young journalist to bring some integrity back. it would help us as a nation tremendously. >> great to see you. less than 48 hours to what could be the most important debate of the year or it could be -- no, it can't. this is going to be a big one. and we just got a landslide of new polls. chris stirewalt and tom bevin are here for what the numbers mean for trump versus clinton. don't count trump out. people have done that time and time again only to find themselves embarrassed. new details about the weekend fire bombing of a republican campaign headquarters. then we'll show you what "saturday night live" did that has donald trump firing back. ♪ this artoo unit must be delivered to the rebellion. come on artoo! ♪ artoo! welcome to the rebellion. ♪ this is for you. duracell and children's miracle network hospitals are powering imaginations everywhere. but my back pain was making it hard to sleep and open up on time. then i found aleve pm. the only one to combine a safe sleep aid plus the 12 hour pain 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chris? here.m.6bwñ p 0 sitting right here. >> i;&g can hear you. >> exactly. >> to be w"z-a-rkh p?nt, i me wasn't just donald trump's debate performances. this last>h0ñwñ days hadkg!qq' catastrophic for him not because ecessarily had a bad debate m of the other stuff that's gone onaa, sur surrounding his campa. we take all of the fantastic into one product and!f>r get a polling average. z 12 ( how >> tom, ohio?':ñ upj four, north carolina trump down just one,'/zñ' is the race closing in aa&h bi? >> it's interesting.3ou we've got clintonbi 8 d points 4'ina:'vñ remains relatively close. but againoo%o he's nowrobáy! most all of the states, expect 8 and while his base is sticking with him,vis$pj i mentioned bef, the other groups are leaving hio iff >> hence havingj@:f we'll show you wha f the fire ailsoa-9 bombing of a republican party office in north carolina when he come back.ge, "day to feel a"♪ ♪jake reese, "day to feel alive"♪ ♪jake reese, "day to feel alive"♪ sprint? i'm hearing good 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office in north carolina was fire bombed and vandalized other the weekend but in a rare feel-good story during what's been a brutal election year, some local democrats pitched in on the effort to help repair the damage over at republican headquarters. brain kilmeade joins us now. good to see you. >> great to see you. >> this is a moment of unity in the end. it starts off ugly, ends nicely. >> joe trippy comes to our christmas parties, invites us to barbecues. but he is part of the democratic kadrie that said let's get a page together, see if we can get $10,000. they got $13,000 almost right away, gave it rating to the republicans and said rebuild your office. associate professor says, you know what, hillary clinton should give this money. there's flammable liquid, fire bombing of the building, thank goodness nobody was hurt. but serious stuff. nazi paraphernalia on the sidelines. nazi graffiti. if it was on the other side they would be saying see how poison house donald trump is. right now democrats picking on republicans. amy schumer comedian, actress in a lot of trouble. when i hear the sound bite, i can't understand it that way. she's got a trump supporter on stage, giving him a hard time about being a trump supporter. watch and listen. >> impulsive and get us in a lot of [ bleep ] trouble we can't get out of. >> -- some of the stuff he says. i'm not really voting for trump -- >> okay. you can go sit down. this is cool to hear what one guy who doesn't seem like a psychopath, why he would want to vote for that orange sexual assaulting -- >> so she's making the man defend his vote for donald trump and the support -- the fans there were not happy. >> calls this guy dave on stage, what is it up with the trump supporters in my audience. it's tampa. this guy goes up there, no, i like him. and everyone starts booing, a lot of people start booing. she might be ticked off because there's a 21,000 seat stadium theater and she only got 10,000. if you guys have a problem, if you make any more noises, you yell out, i'm going the throw you out. 200 people got out. this is the cousin of senator schumer . so amy schumer, can't liberal. the first thing she said the first four rows can see my private parts, how happy she was to be in tampa because that's where she had a one-night stand. if she's so squeamish why is this bringing that up. >> snl epic. watch. >> i need all of my supporter to get out there and vote on election day, mark your calenda calendars, write it down. it's november 35th. >> number one, insurance company can't deny you coverage because of a preexisting condition. number two, no limetime limits which, you know, is a big deal if you have serious health problems. and number three -- >> she is trying to silence these women but they need to be respected. they need their voices heard. >> what about all of the women accusing you of sexual assault? >> they need to shut the hell up. >> he says time to retire the unfunny boring show -- it's endless 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