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FBI Clear Clinton -- Again; Candidates Make Final Campaign Stops. Aired 8-9p ET

Aired November 6, 2016 - 20:00   ET


[20:00:00] WOLF BLITZER, CNN ANCHOR: Special coverage right now.

ANDERSON COOPER, CNN ANCHOR: Wolf, thanks very much. Good evening, everyone, from Washington, D.C. Thanks for joining us. What a night.

If you are waiting for yet another shoe to drop in a presidential campaign that has, at times, resembled Imelda Marcos' closet, just take a look at the floor. There is a brand new piece of footwear on it tonight.

FBI Director James Comey put it there, nine days after sending a letter to Congress revealing the existence of e-mails with potential connections to the Clinton private server investigation, he sent another. A very short one who's bottom line can be summed up even more succinctly, in so many words, never mind.

Nine days ago Director Comey broke a decade of Justice Department tradition against saying anything so close to an election. His words shook the race because the impression that some took from them that the e-mails contained fresh evidence of wrongdoing, that was a mistaken impression. Today, against all expectations, the FBI director weighed in again, perhaps to clean up the damage, which did not stop Donald Trump from saying this.


DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Hillary Clinton will be under investigation for a long, long time for her many crimes against our nation, our people, our democracy. Likely concluding in a criminal trial.



COOPER: Donald Trump speaking today, he's speaking after Director Comey's new letter contradicting his claim, at least as far as the FBI is concerned. And as it's all playing out, the two candidates are making some of their final campaign stops in battleground states.

We'll bring you more on that shortly but first the Comey story. Details from our justice correspondent Evan Perez who joins us now.

So what did the FBI director say in this new letter to lawmakers? EVAN PEREZ, CNN JUSTICE CORRESPONDENT: Well, Anderson, what he

basically concluded here was that his team had worked around the clock in the past 10 days to try to figure out what were -- what were these e-mails found in this Anthony Weiner laptop. We're told that they worked around the clock. And the team that had spent a year on this server investigation, to Hillary Clinton's private server investigation, they were brought back. And they went through these e- mails. In some cases, they went through them line by line. They found a lot of duplicate e-mails. They also found a lot of personal e-mails.

We don't know exactly how many classified e-mails they found. But they did find some. And that is what they've been spending the time doing. The letter from Comey was very brief. Just -- not much shorter than the one that was sent 10 days ago. And he says in part, "During the process, we've reviewed all the communications that were to or from Hillary Clinton while she was secretary of state. Based on our review, we have not changed our conclusions that we expressed in July with respect to Secretary Clinton."

Anderson, what this means is that for the FBI's purposes here, this is a closed investigation. This is done. At least for now because keep in mind that there were 30,000 e-mails that were deleted from the private server. The FBI was able to recover about 15,000 of those e- mails. So about 15,000 are somewhere else. We don't know, maybe they're deleted forever. But if they turn up somewhere else, the FBI will be right back here again doing this review, checking to see if there is anything brand new and anything that changes their conclusion. That could happen at any time. Obviously, that's one of the problems with this case.

And we should also add that as per Huma Abedin, whose e-mails these were, the FBI probably still will need to talk to her. There is still the problem of how did these e-mails get on this computer? She -- her attorneys say that she doesn't know. She doesn't know because she didn't really use this computer in the past. So that remains a mystery. The FBI is still doing a few things to -- to tighten those loose ends, Anderson.

COOPER: Evan, when the FBI first made the announcement that they had found new Hillary Clinton e-mails, they said there was no way they would be able to get through them and have an update before -- for the public at least before Election Day.

PEREZ: Right.

COOPER: Here we are two days before Election Day and we get this announcement. Do we know what happened?

PEREZ: Extraordinary work apparently. They said that a lot of the work here had to do with technology. They spent time using software, some of the software that they had used before in similar cases to go through millions of e-mails. They've done that before. So in this case, they had to go through thousands of e-mails. Probably tens of thousands of e-mails. And they were able to quickly remove the ones that they weren't interested in. Those are the Anthony Weiner e- mails. Those had nothing to do with this case.

We're told that essentially they worked around the clock, Anderson. That's the reason why. And it was a surprise, even to FBI executives. They had no expectation. And the guidance we had gotten from FBI was simply this, that the director of the FBI did not plan to provide any more piecemeal updates, no partial updates until the work was done. And apparently, that was done today. They briefed him today and he decided he had to send this letter as soon as possible.

COOPER: Just, Evan, briefly, was it ever confirmed how many e-mails they actually had to go through? Because there were -- you know, there were all these reports about -- I've seen figures of 650,000 e- mails that were on the computer.

PEREZ: Right.

COOPER: But was that ever actually confirmed?

[20:05:02] PEREZ: Right. That was in larger -- the larger number was -- is really meaningless simply because those are -- it had to do with Anthony Weiner's e-mails. The much smaller number had to do with these. But it was a significant volume. And that's the reason why they had to use technology. They used search terms to try to narrow down what they needed to see. Check to make sure that there were e- mails that went through the server. Those were what they were mostly interested in, Anderson.


PEREZ: And so using that method, they were able to narrow it down and focus on the ones that they needed to read line by line.

COOPER: All right. Evan Perez, appreciate it.

Nine days ago when the first Comey letter hit the Clinton side seemed shell shocked for a time. Their reaction now, Joe Johns is working his sources, joins us with that.

So Hillary Clinton spoke earlier today, Joe, in a rally in Cleveland. Did she bring up the new Comey letter?

JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT: No, she didn't talk about it at all, Anderson. And the betting is that she will not talk about it here in Manchester, New Hampshire. She's on the ground here. And right behind me, it's dark because the recording artist, James Taylor, is doing a performance for the audience.

From the campaign's perspective, every time Hillary Clinton talks about e-mails, it's a problem for her because that becomes the story. That becomes the sound bite. And they frankly want to talk about the positive things that she says she wants to do for the country.

There's also the fact that the campaign is leery about the idea of engaging in a back and forth with the FBI director or the FBI itself. So for now, the indication is Hillary Clinton doesn't want to talk about this. And she's got a lot to do here in New Hampshire, of course. This is a state she lost in the primaries to Bernie Sanders. And it's also a state that has no voting. So they really wanted to bear down here in the state before people go to the polls, Anderson.

COOPER: It is interesting because clearly she talked about the -- first Comey letter from several days ago for several days trying to undo some of the damage, calling -- kind of going after the FBI, calling for any more information to be released. It is interesting that they've decided now not to address this, at least so far. Does the campaign believe they can undo any damage they think might have been caused by the reopening of the case?

JOHNS: The real concerns about that, I talked to an aide privately this evening who said it's unlikely that they can undo the damage that has been caused by all of this. But frankly, the campaign's thinking at least for this evening -- now as you know things like this can change in the closing days of a campaign. But at least for now, the thinking is the best way to close out this campaign is to try not to talk about it. Let aides, surrogates, others discuss it on television. What have you.

But, frankly, not to let the candidate herself get into it because it just reminds people of not just this but WikiLeaks, the Clinton Foundation and all t other stories that still aren't quite resolved out there, Anderson.

COOPER: All right. All right. Joe, thank you.

You heard Donald Trump at the top of the program. The day the last Comey letter came out, he told a crowd in New Hampshire that the system, quote, "might not be as rigged as I thought," right? Those were his words.

This was a sharp change from his repeated statements that he's getting a raw deal and that Hillary Clinton is getting away, he says, with a crime. Now that Director Comey has weighed in again, has Trump changed his view one more time? His campaign manager Kellyanne Conway joins us.

Kellyanne, thanks for being with us.


COOPER: So the other day Donald Trump said about what would be found on Anthony Weiner's computer. He said, and I quote, "That's the mother lode. I think you'll find 33,000 that are missing. The 15,000 that are missing. The facts that are missing." Kept calling it the mother lode.

Wasn't it irresponsible for him at that point to be saying such things without having any facts particularly now that Comey has come forward and said there was nothing there?

CONWAY: He is welcome to speculate as to why FBI Director Comey would make an unprecedented move so close to an election. I appreciate what Trump had to say compared to the Clinton people just going right after Comey, making him the complete -- just like a nuclear device against this poor guy with he's irresponsible --

COOPER: But wait a minute, you guys have been going after Comey and the FBI for --

CONWAY: No, no. Only --

COOPER: You guys have been going after Comey and the FBI for -- since July.


COOPER: Really?

CONWAY: Because -- this is why. We discussed this on your program. So I'll repeat myself. That was because Jim Comey on July 7th testified under oath to Trey Gowdy's committee and said that Hillary Clinton did not tell the truth. It wasn't one device. It was multiple devices. It wasn't -- there wasn't no classified information.


COOPER: Right. But Donald Trump has been implying that the FBI is part of this rigged system.

CONWAY: There was classified information. And people feel like the federal government is part of the rigged system. That's why Congress has a 12 percent approval rating and that's why 75 percent of the country wants to take the country in a new direction.

COOPER: Right. But people feel lots of ways. It doesn't make it true. Is it responsible for someone who might be president of the United States to be, in your words, speculating about an active investigation when he has no actual facts?

CONWAY: I think it's actually irresponsible of somebody who was secretary of state and set up a private server, which is why we're having this entire conversation --


[20:10:03] COOPER: You're not answering the question.

CONWAY: -- lied about it. I am answering it.

COOPER: We know that's irresponsible.

CONWAY: I told you that. He's --

COOPER: We know that's irresponsible. The FBI said that was irresponsible.

CONWAY: Well, it's beyond irresponsible. It's illegal.

COOPER: Is it irresponsible if a man who might be president of the United States speculated about something which he has no facts? CONWAY: No, you know what, Anderson.

COOPER: Because you used the word speculation.

CONWAY: Everybody speculated for nine days. And he's the one who shouldn't be, right? Everybody speculated for nine days. Everybody on CNN speculated.

COOPER: If everybody jumped off a bridge it doesn't mean you should jump off a bridge, too. I mean, again, I'm just trying to ask --

CONWAY: I'll take note of that.

COOPER: Don't you think it's irresponsible? Apparently you don't.

CONWAY: No, I don't think it's irresponsible. But again, he was one of many to speculate about why Comey did what he did. People really went into their partisan corners over that one.

COOPER: Right. But many people are like cable news pundits, not going to be president of the United States.

CONWAY: That would be CNN.

COOPER: Anyway, as recently as this afternoon, Trump was talking about how -- how Secretary Clinton could be facing a criminal trial. Does she now acknowledge that this is now off the table? That she is facing no criminal charges full stop?

CONWAY: Well, he would now acknowledge that Jim Comey has decided not to amend his original recommendations. Maybe the Clinton Foundation is still investigation. We don't know. These are the Clintons after all. Decades of personal enrichment, decades of double dealing, decades of me first, Hillary first, decades of gifting and grifting. We just don't know where it ends. And that's part of her problem, Anderson.

If you look at the CNN poll on these questions, this is not going to change. The fact that a majority of Americans think she is dishonest and untrustworthy, and thinks that there is a different set of rules for her. There is just a different set for rules, there's a reason why in very good reporting you just heard from Joe Johns, there's a reason why Hillary Clinton does not want to mention this because when you're talking about e-mails, or you're talking about WikiLeaks, you're reminding people what their major reluctance about electing her is in the first place.

She just can't tell the truth. You just never know what else is behind the curtain. But by the way, she didn't take the last nine days to do what? She didn't get out there and say, hey, folks, you've already decided about the e-mails. I'm going to talk to you about what's next for Obamacare. I'm going to talk to you about stopping the advance of ISIS and radical Islamic terrorists. I'm going to talk to you about school choice and expanding education opportunities. You know what she did? She piled on more and more slop and more and more negative ads against Donald Trump. It is the least aspiration -- COOPER: You know, look, there is no doubt she's been --

CONWAY: -- in the history of the Democratic Party.

COOPER: Right. And we've been covering this for all the talk of going high, obviously that is not what they've been doing the last couple of days.

CONWAY: Gutter.

COOPER: But frankly your campaign hasn't been doing that either. We just played Donald Trump talking about, you know, that there is going to be criminal indictments. Again you just said you don't know. You don't know if there is an investigation of the Clinton Foundation. You have no facts. And yet your candidate continues even today, after Comey came out, to say that there is going to be, you know, criminal investigations for years.

CONWAY: Well, let's review what we do know about the Clinton Foundation. We do know that Chelsea Clinton used its money to help pay for a wedding. We do know that there is --


COOPER: Right. You don't know that there's an active investigation.

CONWAY: We do know --

COOPER: You said you didn't.

CONWAY: Well, these are the things that matter to Americans when they cast a vote. We do know that Bill Clinton Inc. as it was referred to, quote-unquote, needed to make sure he was racking in $66 million. We do know that they took millions and millions of dollars from countries that hate women and deny little girls basic rights.

COOPER: Right.

CONWAY: We do know a lot about the Clinton Foundation. It doesn't sit well with voters.

COOPER: Listen, we've covered all this. And -- right. I totally agree with that. But also we know a lot more about the Clinton Foundation than we know about your candidate's taxes. I mean, we haven't seen anything about your candidate's taxes. And so isn't a little hypocritical to be using information that you know about the foundation because they actually have released all their financial records when your candidate hasn't done any of that?

CONWAY: No. You're making -- you're equating and completing two thing that are not related, frankly. I mean, we're talking about what she did as secretary of state.

COOPER: You're attacking them for information that you know because they've released the tax returns and released all their information when your candidate has not released his personal information. CONWAY: That's not how -- I guarantee you that nobody got $1 million

donation on Donald Trump's spouse's birthday from Qatar. I guarantee you that --

COOPER: How do we know? How do we know?

CONWAY: -- the Trump Foundation --

COOPER: How do you know?

CONWAY: Because you know.

COOPER: Have you seen his tax returns?

CONWAY: Because you know -- because what -- how does Donald Trump made -- how has Donald Trump made his money and how have the Clintons made their money?

COOPER: By licensing his name to random people all over the world to put on buildings that he doesn't have much to do with other than slopping his name on it.

CONWAY: That's not fair. That's not fair. This man has employed tens of thousands of people over the years.

COOPER: Well, that's --

CONWAY: She has not. She never signed a paycheck.

COOPER: Right. But it's basically a licensing -- it's a licensing thing.

CONWAY: And she sold access.

COOPER: I mean, look, he is not building all these buildings. He is licensing his name. And it's a great business. I'm not criticizing it.

CONWAY: Well, he's incredibly successful. Incredibly successful.

COOPER: But you don't know -- no doubt. But you don't know what his finances are because you haven't seen his tax returns either. So you don't know who's giving him money.

CONWAY: Well, here's what I do know.

COOPER: How do you know the government of Qatar hasn't given him $1 million?

CONWAY: Here's what I do know and here's what my expertise is, particularly as his campaign manager. I know we've got the Democrats on the run, running around the blue states like Michigan and Pennsylvania and New Hampshire.


CONWAY: And Nevada and Colorado.

[20:15:02] COOPER: And that's a pivot, right.

CONWAY: And why are they doing it? They're following the leaders. No, this is important in the closing days. They're going where we are because the polls are tightening.

COOPER: But you raise a criticism of the Clintons that they got $1 million from Qatar, which they very well probably did, but again we know nothing about the finances of your candidate.

CONWAY: You know plenty.

COOPER: Right?

CONWAY: There's 104-page financial disclosure statement. Anybody can pull up 104-page is a lot of pages.

COOPER: But, come on, there's no tax returns. There's no tax returns other than a leaked one that shows -- you know, that he's agreed he hasn't paid federal, you know --

CONWAY: And if America cared about it, why is he tied in states where President Obamacare carried the state by more than 50 percent twice? Why she can't crack the 46 percent that I've been talking about in your show for weeks? There she is, 46 percent. What's going to change between now and Tuesday?

COOPER: Yes. I agree. She's got problems, yes.

CONWAY: She does. And she's going to lose.

COOPER: Your campaign is currently running an ad that says, quote, "Hillary Clinton is under FBI investigation again after e-mails were found on pervert Anthony Weiner's laptop." Now that she's not under investigation, are you going to stop that ad?

CONWAY: Maybe we'll remove that section because it was added after October 28th anyway. We already had a corruption ad in the can because it's not like October 28th, 2016 was the first time anybody had ever thought about ethics and Hillary Clinton or corruption.

COOPER: OK. So you're going to remove that part?

CONWAY: So -- well, we'll think about it. We'll see. I guess if it's not accurate anymore. But I don't know if her foundation is under FBI investigation. We'll have to investigate the investigation. But there's plenty more, honestly, in a 30-second ad, Hillary and corruption, it's basically, oh, my god, how do we fit it all in? So there's really no problem removing that part of it and filling in another blank. There is just so much to choose from.

COOPER: Last night at a Trump rally, the chairman of the Nevada Republican Party made a claim that polling places in Clark County were kept open late, in his words, quote, "so a certain group could vote." When you were asked about that earlier today on CNN, you referenced,

quote, "special favors and perhaps special rules for Democratic voters." Do you have any evidence at all to back that claim up, that Democratic voters are getting special favors?

CONWAY: No, not in this instance. I was just making the case that if -- that we're watching that. You know, and we don't believe that polls should be open past the minute they're supposed to be and that special favors should not be granted.

COOPER: Right. But people are already --

CONWAY: And if people are in line and they're there to vote.

COOPER: But as you know, if people are in line.

CONWAY: Then it's great.

COOPER: Right.

CONWAY: It's great. But -- but folks will be watching. I mean, there are people watching. I know Hillary Clinton has got people watching.

COOPER: Right, but --

CONWAY: We just want fairness. And we are up against -- but Anderson, in fairness, we are up against a woman and a machine that stops at nothing to get her way. It's always Hillary first. The corruption, the ethics, the stop at nothing to advance her interests is very clear and so we're just watching. But you know, if people are already in line and they wanted to vote, fine. We're very happy with the returns we're seeing from the early balloting and the absentee voting in most states.

COOPER: But don't -- I mean, don't facts matter? I mean, if the chairman of the Nevada Republican Party is making this inaccurate claim, that polling places in Clark County are kept open so, quote, "a certain group could vote," the certain group was just voters who are on line in time to vote. So why imply that it is this certain group?

CONWAY: I think he was referring to the workers who were, I believe, either on break or after their shift, trying to vote, from what I understand. But he's just making the claim that -- he's making the point that if this happens, then it will be noted.

But, look, I mean, honestly, we're running against Hillary Clinton and her crew. And we're going to fact check everything we say and very little of what they say. I mean, that's rich. They are just everything from Jim Comey should resign to he is lying to he is a Republican to he's worst person ever, and now he's done the right thing. He's done a great, honorable thing.


COOPER: I know, the system is rigged to the system is rigged, is rigged. I mean, isn't that exactly what you guys have been doing?

CONWAY: The system is rigged against the forgotten men and forgotten women. Anderson, this system is rigged.

COOPER: I agree it's hypocritical for the Democrats in July to be praising Comey and then suddenly go after him when things don't turn out their way, but isn't it the same --

CONWAY: And now he's great again.

COOPER: -- thing that you guys are doing?

CONWAY: Make Comey great again.

COOPER: Well, it's right. But you guys did the same --

CONWAY: I'll get hats. Make Comey great again.

COOPER: You guys were doing the same thing. Donald is saying -- Donald Trump was saying oh, the shift has been righted. You know, he's kind of -- you know, he's gotten back his reputation. Is he going to say the same thing now? Does he have confidence in Comey if he becomes president?

CONWAY: But this doesn't change a couple of facts. The ones that we know she lied and she lied about how many devices and having the server to begin with, and lied about the classified information. She lied about --


COOPER: Does your candidate have confidence in the FBI director?

CONWAY: Well, this -- I will tell you, this doesn't change a very simple fact, which is this investigation was bungled from the beginning. I mean, that's obvious. Otherwise, today wouldn't have been the day that we found out Hillary Clinton was asking her maid to print out information, even though the lady doesn't have a security clearance we would imagine. I mean, that is new information.

COOPER: Right. It was a "New York Post" story we haven't been able to confirm that. We're looking into it obviously.

CONWAY: That was known to us, in other words. It was not known to us previously. We know that Hillary Clinton left classified information -- left information at a hotel in China. We know Huma Abedin had information on the front seat of her car. I mean, we know all this. We know it's sloppy and the things have been mishandled and none of that changes. But look, we also know that they lie all the time.

[20:20:01] How have we really tightened the polls? Mr. Trump is out there talking about Obamacare. The 26 or 27 times that President Obama lied. If you like your doctor, keep your doctor.


COOPER: They're chanting, though, lock her up.

CONWAY: Don't facts matter there?

COOPER: I mean, it's not as if you guys are going high either.

CONWAY: Well, I don't say lock her up but I do say prop her up.

COOPER: I mean, look, everyone is going pretty well.

CONWAY: I find it very curious that she thinks people are at these rallies to see her and not Bruce Springsteen, Bon Jovi, Beyonce or Jay-Z. We know who they're there to see because when she's by herself --

COOPER: Isn't Ted Nugent going out with your candidate now?

CONWAY: -- she basically looks like a professor in a lecture hall. Pardon?

COOPER: Isn't Ted Nugent now going to go out with your candidate?

CONWAY: Possibly. But you know, people come to see Donald Trump.

COOPER: Isn't -- yes.

CONWAY: We know that. People come to see Donald Trump. In Minnesota today, we posted the event, Anderson. And within 16 or 18 hours, we had 22,000 RSVPs.

COOPER: No, it's incredible. Turnout is amazing.

CONWAY: For a hangar that holds 4500 people. But, you know, but then the media will ask, but will they vote? No, they just -- they park their car a mile away and walked in the rain to be at the rally, but were not going to vote. Of course they're going to vote. You're going to see --

COOPER: Of course they're going to -- yes.

CONWAY: -- huge lines on Tuesday.

COOPER: Look, we've been saying that all along. That the enthusiasm you guys have and the people -- the tens of thousands who show up is incredible. They spend hours to get there. I mean, it's like a Kenny Chesney concert as people go there all day. It's an experience and I have no doubt they're going to vote. And that's one extraordinary thing your candidate has done, mobilizing all these people, many of them who maybe not have been engaged in the process. So that's an amazing thing I think we've been covering.

CONWAY: It's good for democracy.

COOPER: Listen, we probably kept you over. I -- it is. It always it.

CONWAY: Not at all. COOPER: And Kellyanne, I do always appreciate talking to you so


CONWAY: It's always fun to be with you, Anderson. Thank you. Absolutely. Thank you.

COOPER: All right. Take care.

We're going to have more on all this with our panel next. Plus, we'll bring you the latest from the two candidates' late-night campaign push. And later the impact today's news could have on the electoral map. Is it going to make a difference which was already shifting obviously before the news broke? We'll be right back.


[20:25:46] COOPER: We're going to be bringing you a number of live events tonight. That's a Hillary Clinton event in Manchester, New Hampshire. She'll be speaking shortly. Donald Trump has an appearance ahead in Western Pennsylvania what we'll try to bring you followed by a stop in Virginia.

I want to bring in the panel right now. New York had its marathon today. This is intro is mine. CNN "INSIDE POLITICS" anchor, John King, CNN senior political commentator and former Obama senior adviser David Axelrod, CNN senior legal analyst Jeffrey Toobin, CNN chief political analyst Gloria Borger. I'm trying to emphasize new words. Also on the far left and far right of your screen, that is Trump supporters Kayleigh McEnany and Jeffrey Lord, Jeff is a former Reagan White House political director. In the middle of your screen Clinton supporters Van Jones and Paul Begala. Van is a former Obama senior adviser. And Paul advises a big pro-Clinton super PAC.

John King, you heard Kellyanne Conway. Does the new Comey bombshell -- does it erase the impact of the last one?

JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: Don't think it erases the impact but look at that banner on that scene right now. That is what people are going to be processing for the last 48 hours of this election. "FBI Clears Clinton." If there was a movement toward Trump of moderate Republicans, of independents, of even some Democrats who decided I just can't do this because the nominee of the other party is under investigation, if they process that information, perhaps that stops.

More importantly, even before this news, the race had settled. If you talk to the smart pollsters in the country they've been in a panic for the last couple of weeks because they think they're in a plane with turbulence. They look at their own data and they some of this just doesn't make sense. We're having these wild swings.

COOPER: Panic not because they've taken sides but because they're confused by the data?

KING: Because -- no, because they're statisticians. They're numbers people. And this is what they do. And there are gold standard people in both parties who do this. And they've just been like, whoa, what's happening? The volatility of the electorate. The unusualness. The unorthodoxy of the Trump candidacy. The baggage that Clinton has on honest and trustworthy in her past.

But they all say, and you see this in the polls, and look at the ABC- "Washington Post" poll, the new NBC/"Wall Street Journal" poll, the race has stabilized. The numbers now make sense. You now have a three to five-point Clinton lead depending on which poll you're looking at. And the demographic groups are lining up in a way that the smart pollsters are saying, OK, my data finally has settled, my data finally makes sense.

At the point that it's at right now, she has a bigger national lead than his boss, President Obama, had over Mitt Romney four year ago. At the way it is now, you look at the demographics today, if the election were tomorrow, as the demographics are now, she would win and she would probably win somewhere between 300 and 320 electoral votes. That's where the race was settling coming into this stage. So that's why this is a body blow to the Trump campaign.

Because what people are going to be -- if that's where the race was anyway tonight, before Jim Comey sent this letter, and maybe it doesn't settle in. Democrats are mad at the timing. Everybody can criticize the FBI for sort of what the heck has been going on in last few weeks. But those who process that banner, "FBI Clears Clinton" again, if you're torn, you're not going to run from Clinton now, or you're less likely to run from Clinton now and she was already about to win the race.

COOPER: And David Axelrod, I mean, we've been hearing this from a lot of Trump supporters. Newt Gingrich posted on Twitter that Comey must have been under -- he said -- enormous political pressure to cave like and announce something he can't possibly know. End quote. I mean, the Trump campaign seemed to, you know, love Comey just a couple of days ago.

DAVID AXELROD, CNN SENIOR POLITICAL COMMENTATOR: Well, there's been a little of that on both sides.

COOPER: Right. Absolutely. as we've talked about with Kellyanne.

AXELROD: And I'll leave it to Jeff to talk about the institutional issues here. I just want to take issue with one thing John said. I agree with almost everything he said. If I'm the Clinton campaign, and yes, I think the campaign was roiled. It settled in about the middle of the week. It's been inching their way in the last few days. They feel they have this race. I don't think they welcome this story. I don't think they necessarily wanted this story.

COOPER: Because --

AXELROD: Because any time you're talking about the e-mails, you're getting back on a subject that isn't particularly good for them. So even though the headline there is helpful in the abstract, I think they had the race where they wanted it. And anything that unsettles the race is not necessarily welcomed. COOPER: And you said where they wanted it. I mean, what we've seen,

and Kellyanne Conway talked about this in the interview, you know, there is a lot of talk about going high. But I mean, they have been prosecuting the case against Donald Trump's character.


AXELROD: Well, what I mean, I'm just talking purely about the numbers.


AXELROD: The fact is that they are getting the numbers they need and the numbers they want out of the states. And the race has stabilized in their favor. And they're just counting the hours until Tuesday. And we should point out, too, that in many places in this country, in Colorado, Nevada, Arizona, North Carolina, Florida, two-thirds of the voters will have voted by Tuesday before anybody gets to a polling place. So --

[20:30:01] KING: More Latinos have voted in Florida than voted in all of 2012 already.


AXELROD: So they're very -- they are confident about where this race is, and if you're confident about where the race is, you don't want any exogenous event to upset the apple cart.

GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: And that's why you didn't hear Hillary Clinton come out today and say, yay, I've been cleared again.


COOPER: This time.


BORGER: Right?

COOPER: I'm going to savor this moment as long as it lasts.

AXELROD: And really, that's such a lie.

BORGER: So she didn't even mention it. You had her spokesman come out and talk about the fact that she was exonerated in some way, shape or form. I forget the exact words. But they don't want to talk about e-mails. They want to talk about the future of the country and go on this glide path as David points out to kind of where they are with all these narrow margins in these states they think they're doing well. And so they don't want to talk about it.

COOPER: So, Jeff, just for the legal perspective, I mean, there's something to talk about with you. Because when we talked -- when the first Comey letter, everyone -- you were saying, look, it's very unlikely he's going to say anything more before Election Day or be able to do this. Did it surprise you?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: It certainly surprised me. Everything Jim Comey has done has surprised me and not in a good way. I think this whole episode illustrates the wisdom of the bedrock rules in the Justice Department. You don't give partial results of investigations. You don't talk about public corruption investigations on the eve of elections. He shouldn't have done it the first time, he was worried, apparently, the first time that it might leak. That this material came out.

The -- now he probably was worried that the exoneration would have leaked had he not made the announcement. If he had not said anything at all, they could have just done their investigation, they would have reached the conclusion they reached and then the same result would have happened. That is no prosecution. But instead, he has completely dominated this campaign over the past two weeks. And it's just not what federal investigators want.

AXELROD: The irony about this is I have no doubt that he -- that he thought that he was protecting the integrity of his institution and instead he really undermined the integrity of his institution. And that's a problem that's going to extend beyond Tuesday.

TOOBIN: Absolutely. And you know, I think, you know, I've known Jim Comey for a long time. I've known his reputation which has been impeccable. The idea that he was helping Donald Trump, that that was his motivation, I think, is preposterous. However, he was trying to sort of game the system and go outside the usual rules. And I think all he did was illustrate the value of the rules.

BORGER: And now you have Donald Trump coming out tonight saying you can't possibly go through 650,000 e-mails in eight days.

TOOBIN: Which by the way is a made-up number that no one knows whether -- how many --

COOPER: Right. And Evan was saying, I mean, even if that's the -- total number of e-mails on Anthony Weiner's computer, it's not the e- mails coming from the server.

BORGER: Right. Right.

COOPER: So it's much smaller number.

BORGER: And then he's saying deliver justice at the ballot box, meaning that the FBI has not delivered justice. And --

KING: And you see now, two things. One, a lot of Republicans think that if Donald Trump loses the election, he's going to say he was on a path to victory and Jim Comey and the rigged system stepped out to stop it.

BORGER: Right.

KING: That's one thing. The other thing to Jeff's point, to the Newt Gringrich's point that Jim Comey must have been under a lot of political pressure, that dog I don't think it's going to hunt in the sense that I covered the Bush White House when Jim Comey became the deputy attorney general, and he stood up to a Republican president and the Republican president's chief counsel, and the Republican president's chief of staff, when they wanted to authorize the domestic surveillance program that had been ruled illegal and Jim Comey and the FBI director and others were about to resign.

And so he stood up to a Republican president. Wouldn't bow to political pressure. I just don't think that dog is hunting. I think his leadership of the agency, his judgment here, why he did this, those are all fair questions. His reputation is someone who doesn't flap in the wind for politics.

COOPER: Let's turn to our partisans who have been very nice to let this play out --


COOPER: On the nonpartisan side. Kayleigh, I mean, if -- as a Trump supporter, the Trump campaign respected what Comey did in that first letter more than a week ago, do they have to respect what he did this time?

KAYLEIGH MCENANY, CNN POLITICAL COMMENTATOR: Look, I think it's unwise for any party to question the integrity of the FBI and I don't expect the Trump campaign to do that. I think Jim Comey has proven himself to not be in favor of either side. That being said, I think Trump is totally within bounds to look back to July and say, I disagree with the fact that an FBI director came out and gave a legal judgment that was better suited for the Justice Department.

And I agree with Gloria that, you know, you don't have Hillary Clinton out there extolling the fact that the second FBI investigations was closed because it reminds voters that two criminal investigations were opened to begin with. And it does bring up these ethical challenges you've had and this idea of wrongdoing. So, you know, I don't think this is good for Clinton. I don't think it will have effect on the tail wind that is behind Donald Trump that I think will lead him to victory on Tuesday.

COOPER: Paul, how do you think this plays? I mean, for the Clinton campaign.

PAUL BEGALA, ADVISER, PRO-HILLARY CLINTON SUPER PAC: I think I said on October 28th when you interviewed me, when this letter came out, that the damage for the e-mail problem had already been baked in.

[20:35:01] I didn't think it moved a lot of votes, I still don't. What you did see over that weekend, though, was what pollsters call a non-response bias. Hillary's vote went down. Not because people all of a sudden said, I can't vote for Hillary. I'm going to be for Trump. But it was the shy Hillary voter.

You keep hearing all these rumors of the shy Trump voters and maybe there are. But over the weekend, at least our pollsters, people I trust, been doing this for decades, said you had a high non-response bias. You had a lot of people who fit the demographic for Hillary who's just hanging up on you, I can't talk about this stuff.

COOPER: Really? That's interesting.

BEGALA: And that's what happened in the data. At least that's what I believe. And now it's reset itself. When Kellyanne was interviewed that same night, I think it was by you, she said this is a good day for our campaign.

COOPER: Right.

BEGALA: She didn't say that tonight. In fact, in that long, really pathetic performance, and she'll be ashamed of it one day, I know, probably Wednesday, she didn't use the word "change." She didn't use the word "jobs." She didn't use the word "immigration," she didn't use the "trade." She didn't -- she didn't advance her boss's agenda one inch. I wish she had taken up the whole hour because Trump has got millions of voters out there and he doesn't only have them because Hillary messed up on her e-mail. She and Trump have abandoned their message and is one of the reasons why he can't get back in this race.


VAN JONES, CNN POLITICAL COMMENTATOR: You know, it's interesting, the people who do this for a living a different way than I do see it as, it all kind of washes out. I don't feel that way at all. I think Comey did real damage to the country. I think he did real damage to law enforcement. I think he did real damage to the Hillary Clinton campaign.

The Hillary Clinton campaign was pushed backwards both geographically and morally over this past week. They had to fall back to the blue states and hold on, and they didn't end high. Had this not happened, the country would have been better off because you would at least have the Hillary Clinton campaign able to stay high. She got panicked, from my point of view, and started going nasty, nasty, nasty. I don't blame her because, you know, listen, you got to keep that contrast going once they're kind of muddying your name up. But I think he did real damage. And I hope that he does not stay in that position.

COOPER: Jeffrey?

LORD: Increasingly I find myself agreeing with Van more than I ever thought possible.


KING: Wow.

LORD: I do think --


LORD: I do think --

COOPER: The country has been drawn apart but you two have been brought together. LORD: We're Kumbaya.

BORGER: So happy.

KING: I need a drink.

LORD: Listen --


BORGER: It's like "Saturday Night Live."

LORD: Listen. The practical fact is this, why is Donald Trump scheduling a visit to Scranton, Pennsylvania, tomorrow? Why was he in Harrisburg the other day? Why was he in Valley Forge? The answer --

COOPER: I figured you got something to do with it.

LORD: Well, of course. Of course. And why was Joe Biden there in Harrisburg today and why was Hillary Clinton and why are they going to be in Philadelphia and all this? The answer is, to go -- to Paul's point, yes, the issues. Trade, illegal immigration, jobs. These are important issues in Pennsylvania. It's a key state. What this did is say, very clearly, that she's the problem. Forget the FBI. Why did the FBI have to be involved in the first place? Because time after time after time, the Clintons, plural, and singular, are always bringing these problems along with them. They're like the old Peanuts character there who had the little cloud following all around. I mean, this is what happens.

COOPER: Pigpen, I believe.

LORD: Pigpen.


JONES: You don't have to help him. You don't have to help him.

LORD: Thank you.

COOPER: That is for accuracy's sake.

LORD: It was Pigpen. It was Pigpen. So that's their problem. And they know they've got a problem. And that's why they're in Pennsylvania.

COOPER: By the way, no one gave me that in my ear. I'm proud of that.

JONES: So I just want to say one thing, though. You know, we're talking about this while two things are happening in the country that I think are pretty remarkable. We thought, at least according to Donald Trump, he says, there is a sleeping giant out there. It is a working class giant. I'm going to awaken this giant. And he in fact has awakened that giant. But it's Latino. It's a Latino working class giant that is standing

up across the country, especially in Florida, and in Nevada, and I think sometimes we drive looking in the rear view mirror, looking at the black vote, what about the black vote? This Latino vote is a monster. And I think he's going to regret it.

LORD: Cuban, too.

KING: This will be the Latino year. If this continues to go, if the early voting translates into some other states on Tuesday, this will be the year of the Latino, where we knew they were an emerging force. This is when they decide it, boom.


COOPER: But also in Florida, I mean, you talk about Cubans, but also the demographic makeup of the Latino vote is a lot different than it was --

KING: Yes. Way more different.

COOPER: It's much more different. A lot more South American.


AXELROD: And also the political orientation of the Cuban vote has changed overtime.

COOPER: Right. Right. Demographic.

AXELROD: But I have to just say, I have to disagree with Paul just on one point. I do think that this did some damage to her in this way. I think there were a lot of Republicans who were having a hard time saying, I'm going to vote for Donald Trump. And the Comey -- the last Comey letter gave them kind of a permission structure to say, OK, I'm coming back. And I think that was a bit of a movement that we saw, the tightening of the race. But it stopped. It stopped in the middle of the week. And the race stabilized. And that's why I say --

[20:40:01] COOPER: I got to take a quick. We only had -- this is our second commercial break in the hour. We're going to continue the conversation in just a moment. We're going to bring you the latest live campaign moments. We want to get as many in this as we possibly can. Watching Khizr Khan there with Hillary Clinton. Watching him. And that's in New Hampshire. We'll also take a closer look at all that really matters in the final analysis. The road to 270. We'll be right back.

KHIZR KHAN, GOLD STAR FATHER: And his policies of hate, exclusion, intimidation. And division.


COOPER: And welcome back. We're live in Washington. Our breaking news tonight, the October surprise was FBI Director Comey's letter that he was looking to e-mails that could be related to Hillary Clinton. The November surprise two days before the election is never mind. Comey wrote another letter today saying the review of those e- mails is finished and there was nothing there. The bureau stands by its conclusion that she should not face any charges.

[20:45:04] Of course there's already been so much to do about what turned out to be nothing new. It's hard to say what impact this ultimately has. What we can do is look at the numbers as they are right now.

John King joins us with the latest in the road to 270. The pace, frantic in these final hours, obviously, John. What do the numbers tell us about the state of the race?

KING: And let's remember, these numbers we're showing you way before this latest Comey announcement. We really won't get any data, Anderson, before the election, nothing reliable about that. So let's look. And this is the 2004 map. Let me come back here. We'll start at 2016. I just want to show you our latest poll of polls, this is the averaging of most recent national polls. As we said in the last part, this race has settled a bit over the past few days. Settled with a Clinton lead, averaging some polls it's four, some polls it's five, some polls it's two.

If you average them all out a three-point national lead for Hillary Clinton heading into the final days. Why is that significant? I want to drop this down here. I want to go back in time to 2012. We just move this over a little bit and shrink it. Remember that lead. Let's pop this up here.

Back in 2012, on this day, the Sunday before the election, President Obama led Mitt Romney by one point. He won the election by four points. On this day in 2004, the last time the Republicans won the White House, George W. Bush led by two points over John Kerry, he won the election by three points.

So usually, if you're ahead going into the election, you win the election. Not always. But if you're ahead by a healthy margin going in, you tend to win it. Obama's campaign obviously had an organizational strength. That's one thing you look at. You see a more stable race heading into the final days.

Here is one of the reasons I say that. The pollsters have been -- as I said, having turbulence in the data. They feel a lot more settled now. This is the NBC-"Wall Street Journal" poll that came out today. Donald Trump leads among men but Hillary Clinton has a big lead, 13 points, among women. Women will be 53 percent or 54 percent of the electorate on Tuesday. That's a big issue.

Also in some states already, based on early voting, Florida included, they think the electorate will be more diverse this time in some states including Florida than 2012. Look at this, Hillary Clinton has a 75 point advantage among African-Americans, a 42 point advantage among Latinos. If the electorate is more diverse, Trump's edge among whites won't be enough. We'll see what happens. Now in some states this helps more than others. But Hillary Clinton right now, if you look at the construct of the electorate, if it is more diverse than 2012, that's a path for a Clinton victory there, Anderson.

There are some things in the data that supports Donald Trump. But if you look at those -- the Latinos, the women, the African-Americans, that is a coalition that if they turn out is favorable to Clinton.

COOPER: We've spent a lot of time in, you know, recent weeks and months talking about the education gap among white voters. How does that look at the end and why does it matter so much?

KING: It's very significant. It different in different states. But let's look at those numbers. If you bring them up whites with a college degree, Hillary Clinton, 51 percent to 41 percent. A 10-point lead over Donald Trump. This is again NBC/"Wall Street Journal" data. 10-point lead there. This is a constituency Mitt Romney won four years ago, even as he lost for the race for the White House. So it's very significant for Hillary Clinton to have that constituency.

Donald Trump, wow, look at this lopsided 2-1 lead among white voters without a college degree. Why does that matter? Well, Donald Trump's path to victory, a lot of skepticism about it, but where is Donald Trump in these final days? As Jeffrey noted, Pennsylvania. He's trying in Michigan. He made a play in Minnesota -- excuse me, today. That state hasn't gone Democratic since -- I mean, Republican since the 1970s. But if Donald Trump is to succeed, it's with those white, working class voters across the rustbelt so those numbers are good for him but those college educated, especially women, they live in the Philadelphia suburbs, they live in the research triangle in North Carolina. They live in the Cleveland suburbs, they live in the Columbus suburbs, that is part of the coalition Clinton needs to win the big battlegrounds.

COOPER: So then the race for 270, what's the count at this point?

KING: Let's switch maps and take a peek. This is where we are right now. This is where CNN officially has it. 268 to 204 heading into the final days. But if you talk to even smart Republicans out in the state of Nevada, they think the early voting out there is going to take that state Democratic. That would be enough to put Hillary Clinton across the fish line. And that's where Donald Trump has the issue. Even if Donald Trump ran the board in these other states, Arizona, Florida, North Carolina, and New Hampshire, even if he won the rest of our tossups, he's still short.

And remember, the Clinton campaign thinks, Anderson, they -- they feel strong that they can win down here, and they can win down here. Even if they win one of those two, it gets Donald Trump's math very, very complicated, which is why in these final days, Kellyanne Conway told you they have the wind at their back. They're also looking for targets, which is why he's trying to get the 20 in Jeffrey Lord's Pennsylvania. He's trying to get the 16 out in Michigan. He's trying to get the 10 out here in Minnesota.

Is there data that shows Donald Trump ahead in these states? No. Is there data that shows you closer? Yes. And so he's going into these states in the last few days trying to steal something blue. And he might need two or three of them. COOPER: All right. John, stay with us. I want to bring the band

back together. Joining us also is CNN chief political correspondent Dana Bash. You were joining us before, weren't you?



BEGALA: She's like the holy spirit.

COOPER: So, I mean, Dana, you see the numbers, you see the map. 48 hours left. How confident is the Clinton campaign at this point?

BASH: They're confident. They're cautiously confident, I would say. And privately, the Trump campaign and Republicans who are looking at those numbers, who are looking at their own data modeling most importantly say that they wish they had another week because the wind had been at Donald Trump's back.

[20:50:04] And they felt that if they had another week, maybe two, that it could have been doable in a lot of those key blue states to turn them red.

BORGER: You know, the Republicans say -- the Trump people will say that in all these races, it is within the margin of error. And that's why as John was pointing out, they're going to all of these states because they have to. If there's a shot at it, they have to take it. Internally, the Clinton people, in some of these states, say don't be ridiculous. We're ahead in these states. And -- but they want to be sure. They want to be sure because all they need to get to is 270. They don't care about anything above that. Right? So.

KING: In your experience, the three I look at the most, New Hampshire, Michigan, Pennsylvania because no early voting.

BORGER: Right.

KING: And we know -- we know the campaign has done a very good job in the states with early voting. But we know Donald Trump also has pretty good support in those states. So in those states where it's going to be settled on game day.

AXELROD: Yes. No, I mean, look, I think that's one of the reasons why they're going to shore up those states because there is no early voting there. Democrats tend to benefit from early voting. We should keep in mind that New Hampshire may be essential for Donald Trump but it's a small prize. It doesn't solve his big problem.

BORGER: Right.

AXELROD: I think the most significant thing that's happened in the past few days is the early vote out of Florida.

BASH: Yes.

BORGER: Definitely.

AXELROD: Because if he can't win those 29 votes, I honestly don't see a viable path for him.


COOPER: If he doesn't win Florida, that's it?

BORGER: I agree.

AXELROD: Yes. I mean, I --

KING: Twenty-nine. You have to do Michigan, Minnesota and New Hampshire, that's 30. That's just -- you're asking too much.

AXELROD: You know -- I'm sorry, Dana.

BASH: Go ahead.

AXELROD: We've said this many, many times. But it's worth saying one more time. The fact is, we are becoming a more diverse country. Each election, the Republican Party was right after 2012 when they said we need to have an outreach to Hispanic Americans. They went the other way in this direction. And Donald Trump could pay a very big price for that.

BASH: Well, I was just going to say, to your point about the early vote in Florida, a big reason why Democrats are heartened by that is because there's so much of a Latino vote. And the fact is, it's gotten even bigger in Florida. And I think what is sort of rich or ironic or, you know, you pick how you want to describe it, the fact that Hillary Clinton might really win a state like Florida, maybe some others, probably in Nevada, with the Latino vote, given where this campaign started, with Donald Trump's campaign started, it's kind of ironic.

AXELROD: Let me add one thing. One -- the thing that I think is most -- almost astonishing is there is privately a genuine belief among folks on the Democratic side that she could make a push in Arizona at him because of the aggressive early voting among Hispanic voters.

BORGER: And Hispanic voters are not voting on the e-mail issue. We've been talking about that all night.

BASH: Right.

BORGER: They're voting on the wall. They're voting on immigration. And she's going to -- if she were to win Florida, it would be a very different coalition from an Obama coalition. And that's what we may see forming in this election. If she does win in the southwest --

JONES: I think it's time we start talking about the Hillary Clinton coalition.

BEGALA: That's right.

JONES: Because it's a slightly different configuration.

BORGER: Right.

JONES: And I think that one of the things that is remarkable is how we've been hearing this promises, these rumblings. Someday, someday the Latinos are going to -- and I think it is actually happening and I think it's actually going to shock Democrats as much as Republicans that this thing is finally happening.

COOPER: Kayleigh.

MCENANY: I don't think -- I think we need to pause for a second. Instead of lumping all Hispanics into the Hillary Clinton pot. We should step back. The place we've seen a dramatic increase to the tune of 5 percent increase in Hispanic voters is Florida. And Nate Cohen over at the "New York Times" when the poll was published that Trump was winning by four points in Florida, had a sub-headline that says "Cubans Return to Donald Trump." Because he had found that there was a 20-point shift of Cuban voters back to Donald Trump just from September because Barack Obama didn't defend the embargo at the United Nations. I think we're underestimating the fact that Cubans have come home to Trump.


BEGALA: I think you're living in the past.

KING: But even if that's true, there aren't as many of them anymore.

BASH: That's right.

KING: Even if you're exactly right --

BASH: They're older.

KING: The growth has been Puerto Ricans coming in. And then Mexicans, you know, south -- central south, Latin Americans, too. That's been a dramatic growth.

COOPER: Right.

KING: Even if -- that would be very helpful to Donald Trump if that happens. But especially, you get up -- you start at Tampa and just come across to Orlando, the growth up there has not been Cubans.

COOPER: Paul, you agree. You're saying --

BEGALA: Cuba is way more complicated than it used to be. There's still the '59, 1959 generation that escaped Castro's communism. Very, very Republican, very conservative. Then there's the Marielitos who came in the early '80s, late '70s, they're pretty Republican. Then there's the next generation pretty progressive. Plus Trump had a little hiccup, when he -- there was published accounts that he had perhaps extended business interests in Cuba or interest in forming a business in Cuba. And that could have violated the embargo itself. The Latino vote in the -- in South Florida, some of the early returns, is setting all kinds of records.

[20:55:03] BASH: Right.

BEGALA: And they are not turning out for Donald Trump. In fact, Steve Shale, who ran the state for David Axelrod last time.

BORGER: Right.

BEGALA: He texted me tonight, 73 percent of the Hispanics who had voted early so far were classified as low propensity voters. This is the most exciting thing for a campaign.

COOPER: That's interesting.

BEGALA: Like because us for -- we're pretty high propensity. It's the farmers, so the hay is in the barn. They have targeted the folks who they were most concerned about, least likely to vote and gotten them out.

BASH: Yes.

BEGALA: It's a phenomenal accomplishment for the Hillary campaign.

COOPER: We got to take a quick break.

Coming up, does anyone have plans for Tuesday? Don't know if you heard. There'll be an election, CNN is going to be covering it all day, all night. Please join us for that and much more ahead in the second hour of 360. Wow, we're already done with the first hour. Both candidates holding late events. We'll bring you the highlights including one -- this one from Hillary Clinton speaking right now in New Hampshire where it all began about 3.2 million years ago, I guess.


CLINTON: Maggie's record of accomplishment. And I think about all of the jobs that have been created in this state. How college has been made more affordable. How you've taken on the epidemic of addiction.



COOPER: It is 9:00 p.m. and the marathon is over in New York, at least. Out in the campaign trail, it's also getting close to the finish line. The candidates going late into the night. Hillary Clinton in New Hampshire.