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FBI Director Under Fire Over New Email Probe; Many North Carolina Voters Feeling Stressed Out; Sex Accusations Become October Surprises. Aired 6:30-7a ET

Aired November 01, 2016 - 06:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

(COMMERCIAL BREAK)

[06:31:29] CHRIS CUOMO, CNN ANCHOR: Comey says it's not even a close call, there's no case. The Republicans, boo. Now, Comey says, I'm going to make a call that's going to keep it a close case right now. Yay, they love him.

Of course, Democrats have the exact opposite spot of reaction. And what does that do for Comey? Puts him in a tough place with just seven days before this election.

But people don't really care about him. They care about their candidates. So, let's discuss the impact on the election with CNN senior legal analyst Jeffrey Toobin and CNN contributor and senior editor at "The Atlantic," Mr. David Frum.

Jeffrey, I'll start with you. On the legal side, the criticism is that the FBI doesn't usually talk, and Comey breached protocol twice and both times to ill effect. The second time now without any basis of fact to support the disclosure. How do you see it, fair criticism?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, I think the key issue is the timing. You know, even I, a lowly assistant U.S. attorney in the 1990s, knew that one of the things the Justice Department, including the FBI, never did was make an announcement that affected an election in the last two months.

I mean, this is just a rule that's been in existence at the Justice Department for decades. We can argue about whether Comey should have made either of these statements, you know, the elaborate explanation of the exoneration and the announcement of the new investigation.

What's really troubling was the timing. I think doing it 11 days before the election when you didn't have to do it at all, I think that's why you've seen so much criticism of Comey by Republican as well as Democratic veterans of the Justice Department.

ALISYN CAMEROTA, CNN ANCHOR: So, David, what do you think this does to the election?

DAVID FRUM, CNN CONTRIBUTOR: Well, the great challenge Democrats have is can they match the heroic turnout performance of 2012. That was an election where voting performance went down through most groups, but among certain key Democratic constituencies, especially African- Americans, there was a heroic turnout performance. Higher in 2012 from 2008. For the first time in American history, higher among blacks than among whites.

And when you look more closely, you see a lot of that was because the turnout had been incredible in 2008. Older people probably not in the best of health who had made that special effort to go to the polls. Will that happen again for the less inspiring Hillary Clinton candidacy?

And if there's news that makes Democrats less enthusiastic, more listless, Republican constituencies tend to vote. They're the people who pay their cable bills on the day it arrives. Republicans vote. Democrats, maybe yes, maybe no.

CUOMO: So, how does this play to them in terms of is this something that makes them say, oh, I guess she has real trouble, or does it make them play the, wow, look, they're really out to get her. This guy hasn't even looked at the e-mails yet and he's coming out this close to an election when I've heard people like Jeffrey say you're not supposed to do that, I better get out there.

FRUM: I think my own attitude towards sports. I generally know 48 hours before the Super Bowl, I know who's in it, I may know the name of one of the quarterbacks. But that's it.

So -- and I can be easily influenced by stray bits of information. In the same way, late deciding voters, these are not people who follow politics closely. If there's just a bad smell, it doesn't matter whether it's got content or not, it affects them. If it makes their mode and makes them less likely to turn out for Hillary Clinton, that's big news. Meanwhile --

TOOBIN: David, I'm a New York Jets fan. Just so you know --

[06:35:00] CUOMO: I know you're pain, brother.

TOOBIN: -- we're never in the Super Bowl. That may be able to help you.

FRUM: Thank you. Thank you for that.

CAMEROTA: All right. Jeffrey, let's talk about the Supreme Court.

As you know, of course, the nomination of Merrick Garland has been held up by Republicans, basically saying it's too close to an election. What happens after the election? Let's say that Hillary Clinton wins. Is there a way for Republicans to obstruct any nominee that she puts forward and to try to keep the court at eight justices?

TOOBIN: Absolutely. The important thing to remember is that the confirmation process is a political process, not a legal process. And it is entirely up to the United States Senate, which is of course a political body. There's a history of voting against Supreme Court nominees. Remember,

in the Nixon administration it took three nominees to fill the seat that ultimately went to Harry Blackman. Ronald Reagan had to nominate three people before Anthony Kennedy was confirmed.

What's unprecedented if it happens is simply not voting. That has never been done as a mode of obstruction. You can vote down nominees. That's been done many times. I think that would be politically difficult, simply not to vote on any of Hillary Clinton's nominees, but voting no is certainly an appropriate function of what senators can do.

CAMEROTA: David, can we say it, eight justices?

FRUM: We can't because you have got ties and I don't think we will.

CUOMO: Well, you can, right?

CAMEROTA: Legally.

CUOMO: That's the Ted Cruz argument. I heard Jeffrey Toobin, who as we both know is a Supreme Court scholar, screaming in disgust when Ted Cruz made that statement, because, functionally, he jumped on one of the justices saying things day to day are working the same way. He said, see, it's OK. But it isn't OK for the point you're about to make.

FRUM: Well, it's an even number. But here's the way you ought to hear that remark. These are tactics. These are bids being laid down in advance of the information about how strong will the respective positions be of the parties. If this turns out to be a close election and if the Republicans hold most of their Senate seats, they have a position to say, hey, we've got a mandate too. President Clinton, if that's who it is, must negotiate with us, not just send names for actually take their advice.

If on the other hand, it's a hammering and Republicans drop seats, Ted Cruz may say that for his own internal Republican Party purposes because remember, he compromised his brand as the purest of the pure. He now has to reassert his brand as the purest of the pure. And he also never thinks very much about what the other senators think of him.

CAMEROTA: You're saying if it's not a close election that basically the Supreme Court nominees must move forward.

FRUM: Well, it's going to be -- if it's not a close election, Republicans will be demoralized. They will be turning the wrath upon each other. And at that point, the new president will have a lot of power.

CAMEROTA: David, Jeffrey, thanks. Great to have this conversation with you.

So, the battleground state of North Carolina is considered a must win for Donald Trump. But at the moment, that state looks like an uphill battle. Take a look at the latest NBC News/"Wall Street Journal" poll. Clinton leads Trump by six points in the state, 47 percent to 41 percent.

CNN's Jessica Schneider is in Raleigh, where she spoke with voters.

Good morning, Jessica.

JESSICA SCHNEIDER, CNN CORRESPONDENT: Good morning, Alisyn.

You know, one voting bloc that is particularly stressed out here, evangelical Christians. I spent Sunday at RAF Church right here in Raleigh. The members tell me they have never been this conflicted about a presidential race. They say the issues to them are very clear, but the candidate who embodies their ideals, a lot less so.

(BEGIN VIDEOTAPE)

(SINGING)

SCHNEIDER (voice-over): Inside North Carolina evangelical churches, the mood joyous.

UNIDENTIFIED MALE: It's a season in our country where we're so divided.

SCHNEIDER: Leaders acknowledging, though, the faithful are struggling.

PASTOR CHAD HARVEY, RALEIGH FREE ASSEMBLY CHURCH: I'm seeing stress this year like I've never seen before.

SCHNEIDER: Pastor Chad Harvey (ph) leads the Raleigh Free Assembly Church.

HARVEY: Now, Genesis Chapter 12.

SCHNEIDER: Most of his members are rallying for Trump.

MARQUIS PACE, EVANGELICAL VOTER: Oh, it wasn't easy at all. It was a very difficult decision because if I just look at Donald Trump as a man, there's no way that I would even consider voting for him. But I have to look at the much bigger picture.

SCHNEIDER: For Marquis Pace, it comes down to his own antiabortion stance and future of the Supreme Court.

But with Trump's three marriages, and the release of that "Access Hollywood" tape --

TRUMP: You can do anything.

BILLY BUSH, TV HOST: Whatever you want.

TRUMP: Grab them by the pussy.

SCHNEIDER: Some are now asking, is the Republican ticket the pious pick? White evangelicals propelled Mitt Romney to a narrow victory in the state in 2012. They made up about a third of all voters.

JESUS MORALES, EVANGELICAL VOTER: His lifestyle hasn't been one that is representative of values I hold. I don't believe he's honest when he takes -- says he's pro-life.

SCHNEIDER: Jesus Morales is never Trump. He and his wife plan to vote for Evan McMullin, the Republican running as an independent.

[06:40:04] He's on the ballot in 11 states but not North Carolina, so they'll have to write him in as their vote.

JENNIE MORALES, EVANGELICAL VOTER: I can't vote for someone who has been so ignorant in his behavior towards women and towards handicap people, especially.

SCHNEIDER (on camera): And you are handicap.

JENNIE MORALES: Yes. I'm legally blind and it's insulting to me that he can make fun of the handicap community and no one has called him out on it.

RACHEL MILLER, EVANGELICAL VOTER: I personally plan to vote reluctantly and, like, for Trump. And not that I in any way, like, would want to, like, endorse him as a person.

SCHNEIDER: So, it's been a hard decision for you.

MILLER: Oh, absolutely.

SCHNEIDER (voice-over): Rachel Miller is 22 years old, a millennial and a prime target for the Not Who We Are PAC, a super PAC devoted to defeating Donald Trump, rleasing this music video ad featuring popular Christian musician William Matthews.

UNIDENTIFIED MALE: Donald Trump is dangerous.

SCHNEIDER: Radio host Steve Noble voted early for Trump. It's a pick he struggled with.

STEVE NOBLE, EVANGELICAL RADIO HOST: I got to do what I can to stop Hillary. So, I'm not endorsing Donald Trump. I'm not a big Donald Trump fan. I'm a pragmatist who is also a Christian.

(END VIDEOTAPE)

SCHNEIDER: Steve Noble cast his ballot for Donald Trump on Friday. He tells me he didn't feel good about it, but nonetheless, he is advising his listeners to vote for Donald Trump, who he sees as the lesser of two evils.

Now, the latest CNN poll conducted October 20th through 23rd shows that white evangelicals are breaking for Donald Trump, 72 percent for Donald Trump, 21 percent for Hillary Clinton -- Chris.

CUOMO: All right, Jessica. Thank you very much. So, we're talking about November here, right. It's off to a warm

start. Not just in the election, but literally by temperature. Big parts of the U.S. in the grip of a record-breaking heat wave.

Meteorologist Chad Myers has the forecast.

Is the cause the intense toxicity of the election that is literally heating up the globe?

CHAD MYERS, AMS METEOROLOGIST: You had it going, hot air, didn't you? Wow.

You know what, though? For the first time in a long time, the skeletons and the ghosts didn't have to wear parkas, because that certainly ruins the effect of Halloween. They have a very nice Halloween across the East Coast. Across the southeast, 32 record highs yesterday. We expect just the same number for today.

Temperatures in the 80s when we should be in the 60s. Now, watch what you ask for because by the end of the weekend, we're back where we should be. Even New York City down to a high of 50 on Friday.

But that will feel pretty good if you're going out, maybe picking some apples. I guess it's too late to pick pumpkins. But you can certainly get some hot cider when its 50 and the morning low is somewhere around 30 -- Alisyn.

CAMEROTA: OK. Thank you very much for that, Chad.

All right. Meanwhile, the two biggest October surprises in this election both connected to sex accusations. We discuss that topic with our political panel, next.

(COMMERCIAL BREAK)

[06:47:26] CUOMO: Now you have over 11 women who have come forward with allegations against Trump. And then you have Hillary Clinton's latest e-mail trouble that now is perversely connected to Anthony Weiner's sexting investigation.

Let's discuss with CNN political analyst and "USA Today" columnist Kirsten Powers and CNN political commentator and Republican consultant Margaret Hoover.

Yes, I am made a little bit uncomfortable by this conversation. I can't even stay in my center box.

But I want to start with something else that I hear a lot more of than the idea of this being about sex, which is this being about Hillary Clinton being a woman. I hear this from a lot of women, on criticisms that does not spark sexism in my mind. That they're going after her for her personal qualities. Samantha Bee in her interview with President Obama seemed to be getting at this point.

Help me understand it from your perspective, Kirsten. What do you think men may not pick up on about what's said about Hillary Clinton? KIRSTEN POWERS, CNN POLITICAL ANALYST: Well, to me the biggest

evidence of sexism in this race is the double standard. And by that, I mean if you had somebody like Donald Trump who really doesn't have any experience in government, he doesn't know, as far as I can tell, anything about public policy, and doesn't really want to the know anything about public policy, has actually bragged fact he doesn't prepare for debates, he shows up at debates and, you know, walks around the stage, interrupts her, behaves in a way I think if a woman -- I just want you to imagine a woman doing that, Chris, I guess and her being successful and somehow getting the nomination and then also maybe potentially being president of the United States. To me, it's unthinkable.

(CROSSTALK)

CUOMO: Is it still wrong -- I hear what you're saying. I got a couple beats on it. First one is, is it equally wrong that I wouldn't expect that of a woman because I expect more out of them? That you know, they don't act in a caveman-y way. Is that equally offensive?

POWERS: It's a little fraternalistic.

CUOMO: So it's equally offensive that I actually expect better behavior from women. You see that as people disadvantage --

(CROSSTALK)

POWERS: Why would you expect women to behave better? I mean --

CUOMO: Because I think they're smarter. I think they have a better ability to think through an apparent hostility, whereas men may think that if you frame up on another guy and show that maybe you could take him behind the high school or whatever the heck Vice President Biden said, that that's okay.

POWERS: But, Chris, I think that's -- I'm sorry, I let Margaret get in here -- but I think that's because women have had to learn how to deal with sexism. So, I don't think it's fair to expect them to have to constantly be reaching this bar where Hillary Clinton has to be so good at standing there with this guy who is attacking her and doing things that if a woman did, we'd call her a psychopath basically.

[06:50:11] CUOMO: Oh, people call Trump that also.

(CROSSTALK)

POWERS: Well, but half the country is, you know -- at least 40 plus percent of the country.

CUOMO: Now you make a different point. Now, you make an interesting point that I'll bring to you, Margaret, there are people who say, well, conversely, or adversely from what we just heard, Kristen, if Hillary Clinton were running against any other Republican who was worth their salt, she'd be getting crushed and that her being a woman is a huge advantage for the Democrats because she is a first and that there's a scrutiny that she would not be able to survive if she was running against anybody but Trump. That he's a favor to her.

MARGARET HOOVER, CNN POLITICAL COMMENTATOR: There is a scrutiny on Hillary Clinton, certainly. There's a scrutiny on her because she's a first woman but there's also scrutiny because she's been in public life for 25 years and there do continue to be scandals around her in the behavior and choices can she's made.

But Kirsten's right. And, by the way, your response to her, this notion that there should be this different standard for women --

CUOMO: I'm not saying there should be. I'm saying, she asked me what would happen if it were a woman. I'm saying in my head, in my very decidedly male, alpha male head, I don't see that as a plausible scenario because I wouldn't expect women to act like a bad man. That's just where my head is. And may be that's equal --

HOOVER: There you go, America. Welcome to the sexism that is implicit in this election. That illustrates it.

What else can I say? You made the point yourself. It's fundamentally unfair. By the way, the fact we're talking about sex scandals --

(CROSSTALK)

CUOMO: If you say you expect better behavior from women, you're holding them up to a better standard than a guy like Trump, and that's how bad.

POWERS: So, Chris, here's the thing. I think it's Gloria Steinem who said, like we will have equality when an average woman and an average man accelerate at the same rate.

CUOMO: Yes, I accept that.

POWERS: And that's the point. Like you don't hold the woman to a higher standard. The woman just be held to the same standard and the man should be held in the same standard. In this case, I don't think the man is held to the same standard. Like I said, I really have racked my brain to imagine a woman behaving like him and getting the nomination of a major party.

HOOVER: How about just imagine a female sex scandal? We still have not seen one on a national level here. I mean, we're talking about sex scandals in this election. This is just about men behaving badly. This isn't a female having an affair or sexually assaulting or being sexually aggressive or inappropriate to anybody else. This is all about males' bad behavior.

CUOMO: But isn't that about facts?

HOOVER: Again, I refer you to your earlier statement. There's not an even playing field. There's not an even bar. Women and men are being held to different standards.

CUOMO: Hold on me. I get Kirsten's point. I don't believe that the absence of female sex scandals means this is an unfair process? HOOVER: What I'm saying is this is -- we're not even on a fair playing field.

CUOMO: I don't disagree with that. I don't understand how -- of course you should judge women and men the same way. That's easy. What I'm saying is I think that there is a perception that women behave better than men in points of confrontation. It's not that it's a different standard. It's a different level of behavior.

HOOVER: It's just behaving better generally in the public sphere.

CUOMO: And Kirsten says that's because they've had to learn to. Deep down, you're just as bad as I am, Margaret, but you've learned not to be that way? Is that what you want to say to me today?

POWERS: Yes.

HOOVER: Women are just better behaved, which is probably why we ought to have more of them in elected officer.

CUOMO: All right. Kirsten, thank you very much. Happy to be the guinea pig for both of you in this segment. I can't wait to read my twitter feed.

POWERS: We're going to enlighten you slowly, Chris.

CUOMO: Thank you very much. I will take a long time.

All right. So, what do you think about this? Tweet us @NewDay. Post your comment on Facebook.com/NewDay.

Alisyn?

CAMEROTA: I didn't see the direction that was going to go, where Chris is going to be on trial. But we enjoyed it.

Well, the FBI chief under fire after announcing a probe into emails from Hillary Clinton's long time, Huma Abedin, just days before the election. Clinton campaign calls this a double standard.

Let's bring in CNN counterterrorism analyst and former CIA counterterrorism official and FBI official, Phil Mudd.

Hi, Phil.

PHIL MUDD, CNN COUNTERTERRORISM: Good morning.

I just want to say, if we have Chris Cuomo representing men in America, he looks like a bridge troll, and he's got the intellect of a troglodyte. So, let me, if there's a debate, let's take --

CUOMO: Using those big words. Did you just Google that?

CAMEROTA: You are really enjoying this moment, Phil.

CUOMO: Look at you laughing. You are happy about it. CAMEROTA: We did enjoy that last segment.

All right. Let's move on to our own segment, Phil. You worked at the FBI for almost five years. What do you think about Director Comey alerting Congress to this new wrinkle in the investigation before he knows whether or not these e-mails are relevant or not relevant to Hillary Clinton?

MUDD: He can't win. Let's take it to the day after the election, next Wednesday. Let's say he comes out with an announcement.

[06:55:01] And there's some FBI precedent for doing that, that if people -- as people have said, you do not at the FBI announce, especially in a political campaign, investigations of candidates.

CUOMO: That is the tradition, right? And it's known inside the FBI that you don't try to somehow insert yourself in these final days.

MUDD: That's right. But if you open a new investigation, I could see that.

In this case, we have him on the record saying this is a closed investigation. Fast forward eight days. Let's say he comes out and says, I didn't tell you during that campaign that I chose to reopen it. The opposite side is going to say, are you kidding me? You misled us by not correcting the record.

I don't think he can win on this one.

CAMEROTA: In your experience, do you think that whatever e-mails are on Anthony Weiner's laptop that are connected to Huma Abedin, that may or may not be connected to Hillary Clinton, do you think we're going to find something new?

MUDD: Heck no. I don't think this is going to go anywhere.

There's two questions here. We're focused on the wrong question. Whether there's more classified information. The FBI director, when he closed the investigation earlier, said he wasn't close to a prosecutorial bar. That means there has to be something substantial in the e-mails.

CAMEROTA: A bombshell.

MUDD: That bombshell is not about more classified information. It's about whether there's an indication about what people intended to do. Did they want to break the law? I don't think we'll find that.

CAMEROTA: You know, so many people say, if this were anybody but Hillary Clinton, this person would be in jail or this person would be prosecuted or this person would lose their job.

Do you think that there's been a different standard for the material that was found on her personal server than there would be for anybody else? MUDD: No, I served in the government for 25 years. I watched

investigation like this. I think -- I look at this through the lens of what would have happened to me or somebody working for me.

I think there's a minimum that would have happened. You're suspended without pay for 30 days. I think that's too light.

I suspect what would have happened here is a middle ground between suspension and prosecution. That is you're terminated. You're fired. I think I would have fired for this. I don't think I would have been prosecuted.

CAMEROTA: So, you think a mini double standard?

MUDD: I don't think she'll be prosecuted either. I think the FBI has to investigate, but they're going to find out the same thing Comey's already said. This is bad judgment. It is not near the level of prosecution.

CAMEROTA: OK. While we have you here, we want to talk about these new audiotapes that were released just yesterday about the terrorists at the Orlando Pulse nightclub. For the first time, we hear him negotiating with a hostage negotiator who's trying to obviously try to diffuse the situation. It's very disturbing, but listen to this audiotape.

(BEGIN AUDIO CLIP)

NEGOTIATOR: Can you tell me what you know about what's going on tonight?

SUSPECT: What's going on is that I feel the pain of the people getting killed in Syria and Iraq and all over the Muslim (INAUDIBLE)

NEGOTIATOR: OK. So have you done something about that?

SUSPECT: Yes, I have.

NEGOTIATOR: Tell me what you did, please.

SUSPECT: No, you already know what I did.

NEGOTIATOR: I'm trying to offer you help.

SUSPECT: Well, you need to know that they need to stop bombing Syria and Iraq. The U.S. is collaborating with Russia and they're killing innocent women and children, okay?

NEGOTIATOR: I hear what you're saying.

SUSPECT: My home boy Tamerlan Tsarnaev did his thing on the Boston marathon. My home boy Moner Abu Salha did his thing, OK? So now it's my turn.

NEGOTIATOR: OK.

(END AUDIO CLIP)

CAMEROTA: So you hear his twisted logic there. They're killing women and children, so I can mow down people and kill whoever I want. As a counterterrorism official, what do you hear in this confession?

MUDD: Well, I hear a couple things. The primary thing is justification. There is no justification in Islam for the killing of innocents. What he's trying to say this is a battle and I'm a warrior in the battle.

I think this is -- what you're hearing is both why ISIS succeeds intimidation, recruiting people who believe that this is appropriate. It's also the core of why they will fail and why al Qaeda failed, why the future ISIS organizations will fail. They can't get over the bar of explaining why the murder of innocents is acceptable. And I don't think his explanation will hold water with 99.9 percent of people in the Islamic world.

CAMEROTA: Phil Mudd, thank you. Great to have you here.

MUDD: Thank you.

CAMEROTA: All right. We're following a lot of news this morning. We'll talk with Hillary Clinton's campaign manager soon. Let's get right to it.

(BEGIN VIDEOTAPE)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: How can Hillary manage this country when she can't even manage her e-mail?

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: I made a mistake. If they want to look at more e-mails, go ahead, look at them.

UNIDENTIFIED MALE: It's impossible to view this as anything less than a blatant double standard.

CUOMO: The controversial pro-Trump robocall.

UNIDENTIFIED MALE: I believe Evan is a closet homosexual.

UNIDENTIFIED MALE: I think it's going to back fire.

TRUMP: She is a terrible example for my son. That I can tell you.

CLINTON: I have been fighting for families and underdogs my entire life, and I'm not stopping now.

ANNOUNCER: This is NEW DAY with Chris Cuomo and Alisyn Camerota.

(END VIDEOTAPE)

CUOMO: Good morning. Welcome to your new day.

A blatant double standard. That's what the Clinton campaign calls the FBI's surprise announcement of a probe into her longtime aide's emails.