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AT THIS HOUR WITH BERMAN AND MICHAELA

Trump Goes on Overnight Twitter Rampage; Trump Flirts with Using Bill Clinton's Past Affairs; "Washington Post": Trump Charity Doesn't Have Right Paperwork; Trump Camp Responds to "Washington Post" Article. Aired 11-11:30a ET

Aired September 30, 2016 - 11:00   ET

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


[11:00:00] CAROL COSTELLO, CNN ANCHOR: Well, look, thank you so much for being with me this morning. I think it's important for all of us to see that movie.

Shelley Anderson, thank you.

Thank you for joining me today. I'm Carol Costello.

AT THIS HOUR with Berman and Bolduan starts now.

(BEGIN VIDEO CLIP)

DONALD TRUMP, (R), PRESIDENTIAL CANDIDATE: The Clintons are the sordid past. We will be the very bright and clean future.

(LAUGHTER)

HILLARY CLINTON, (D), PRESIDENTIAL CANDIDATE: Look, he can say whatever he wants to say.

UNIDENTIFIED CORRESPONDENT: Donald Trump hinting that he's considering bringing up Bill Clinton's infidelities.

TRUMP: She was very nasty to me.

CLINTON: He can run his campaign however he chooses.

TRUMP: The American people have had it with years and decades of Clinton scandals.

CLINTON: People have to look carefully in making their decision. It will be either him or me.

(END VIDEO CLIP)

JOHN BERMAN, CNN ANCHOR: Hello, everyone. I'm John Berman.

KATE BOLDUAN, CNN ANCHOR: Hello, everyone. I'm Kate Bolduan.

Famous campaign slogans, because we love those, including "I like Ike," "It's the economy, stupid," and now "Check out sex tape." At this moment, Hillary Clinton is about to speak live in Florida.

Hold it together, John.

The burning question -- looking at a live picture right there. The burning question if or how will she respond to one of the more surreal moments of this campaign, an overnight Twitter storm from Donald Trump attacking former Miss Universe Alicia Machado.

BERMAN: A dramatic reading right now. Trump says, "Clinton was duped and used by my worst Miss U. Hillary quoted her as an angel without checking her past, which is terrible." He added, "Did Crooked Hillary help disgusting -- check out sex tape and past -- Alicia M. become a citizen so she could use her in the debate."

Just now, Hillary Clinton responded herself on Twitter with this. She said, "This is unhinged, even for Trump." Then went on to say other things. A preview of what she might say coming up? We shall see.

All that, plus Donald Trump continues to flirt with the notion that he will bring up Bill Clinton's past indiscretions on the campaign trail or in a debate. Side note, kind of already has brought it up. Donald Trump doing this even if it raises questions about his own past. Listen to this interview overnight from New Hampshire.

(BEGIN VIDEO CLIP)

UNIDENTIFIED REPORTER: If it does come up, though, in the next debate, do you think maybe your past marital history is also fair game?

TRUMP: I guess. I mean, they can do but it's a lot different than his, that I can tell you. We have a situation where we have a president who was a disaster and he was ultimately impeached over in a sense for lying. So we'll see whether or not we discuss it.

UNIDENTIFIED REPORTER: Are you not worried about your past history at all?

TRUMP: No, not at all. I have a very good history.

(END VIDEO CLIP)

BOLDUAN: I'm sure they would love to explore it, meaning the Hillary Clinton campaign.

Let's go now live to CNN national politics reporter, M.J. Lee. She's following the Hillary Clinton campaign in Florida.

M.J., so what are we going to hear from Hillary Clinton in just a few minutes? We should probably be continuing to check Twitter, I guess.

M.J. LEE, CNN NATIONAL POLITICS REPORTER: That's right, John and Kate. Hillary Clinton like the rest of us waking up to quite the Twitter storm from Donald Trump this morning. A little after 5:00 in the morning, the Republican nominee started to attack yet again Alicia Machado, the former Miss Universe winner, calling her disgusting and even raising questions as to whether Clinton helped her become a citizen so that she could use her during the debate earlier in the week. Now, no word yet from the Clinton campaign on whether Clinton will actually address this issue directly when she takes the stage a little bit, in a little while.

So far, though, I should point out Clinton has been more than happy to talk about this issue, Trump's disparaging comments about Machado's weight and her physique. The Clinton campaign firmly believes this is a winning issue for them and basically sums up how Trump feels about women. And the Clinton campaign does not feel that this is a controversy that will help Trump with women voters. He's already suffering with that demographic group across the country.

Now, today is the last day of a very busy swing for Hillary Clinton. She got to Florida a little after midnight last night. She has two campaign events followed by a fundraiser before she returns to New York later tonight. She is spending so much time here because the polls here are so close and, as you know, this is a big state with a lot of electoral votes that are up for grabs. That's why the Clinton campaign announced this morning that President Obama will be campaigning for Clinton next week in Miami -- John and Kate?

BERMAN: New poll out of Florida has Hillary Clinton up four points. That's just since the debate.

M.J. Lee in Florida.

We will get back there when Hillary Clinton starts talking because I think it's going to be interesting this morning.

(CROSSTALK)

BOLDUAN: Let's bring in our political panel. Joining us, CNN political director, David Chalian; CNN chief political correspondent; Dana Bash; CNN political analyst and Washington bureau chief of "The Daily Beast," Jackie Kucinich; Republican political commentator and a Donald Trump supporter, Paris Dennard; and CNN political commentator and former executive director of the Congressional Black Caucus, Angela Rye.

Let me read one more tweet from Hillary Clinton talking about Donald Trump's overnight tweet storm. Hillary Clinton wrote, "What kind of man stays up all night to smear a woman with lies and conspiracy theories."

David, that was overnight Thursday into Friday. The debate was Monday night when Hillary Clinton first brought that up. How did he get from there to here?

[11:05:28] DAVID CHALIAN, CNN POLITICAL DIRECTOR: Because Donald Trump brought us there. This is what is astounding to me about this week. We are 39 days from the presidential election and the Republican nominee for president has chosen to take what was a widely panned debate performance, and instead of seizing on two things that people said, hey, stick to that trade message against Hillary Clinton, stick to that agent-of-change message, instead he has been out this week injecting Bill Clinton's infidelities into the campaign, toying with that, and should we or should we not do it. And this tweet storm overnight, taking the bait. It was a trap deliberately set by Hillary Clinton on Monday night and he's stepping right into it full force because he cannot handle being criticized, being slighted by anyone. So he's lost sense of what is happening in 39 days because he instead prefers to be going on the attack because he hates to be slighted.

BOLDUAN: Hillary Clinton clearly sees advantage in strategy here because she's continuing, even as we speak, to continue to tweet about the overnight Twitter storm from Donald Trump.

Dana, to exactly what David himself is wondering, we are wondering as well. Has anyone as you have talked to the campaign, your sources, has anyone explained to you a strategy here in taking on Alicia Machado, in attacking a former beauty queen 39 days out from the election?

DANA BASH, CNN CHIEF POLITICAL CORRESPONDENT: Let's just be abundantly clear here. There is no strategy, zero, that has to do with attacking a former beauty queen, talking at 5:00 a.m. via Twitter, about sex tapes when you are 39 days away from wanting to be the president of the United States. There's no strategy, period. This is, as David said, Donald Trump getting completely -- just can't help himself about how upset he is about the fact that Alicia Machado has attacked Donald Trump and he feels that he has been wronged by her, that he tried to help her, and he can't let go. No matter how much the people who are closest and nearest and dearest to him are saying, enough, focus on what you need to focus on, he can't do it. I even just asked somebody, can't you just change the password on his Twitter account or delete the app to protect him from himself. I guess it's just not possible.

BERMAN: Paris Dennard, that even got a smile out of you. Let me ask you as a Donald Trump supporter -- and I remind you, I was up because I happened to be on TV at that time, Donald Trump --

(CROSSTALK)

BOLDUAN: You also do Twitters at 5:00 a.m.

BERMAN: I do, too, but I'm not running for president.

This is while Shimon Peres was being buried. How is it presidential to be tweeting about sex tapes for Donald Trump?

PARIS DENNARD: Look, I will agree with everyone in saying this is a distraction. I think this is a distraction from talking about the real issues we should be focusing on with this campaign 30 some odd days out, especially the fact Mr. Trump is leading in a recent "L.A. Times" tracking poll.

But to your specific point, look, Mr. Trump did take the bait as it relates to what Hillary Clinton said. But Hillary Clinton, Secretary Clinton, excuse me, knows she has to have these distractions inserted into this campaign to keep the American people away from focusing on the issues that really matter. So if she wants to continue to engage in these things during debates, then I think Mr. Trump has a right to defend himself against these -- this onslaught of attacks about his personal character as relates to his relationship with women from something that was done several, several years ago allegedly.

BOLDUAN: But here's the thing, Angela.

(CROSSTALK)

BOLDUAN: You can jump in on this.

(LAUGHTER)

DENNARD: Be nice, Angela.

ANGELA RYE, CNN POLITICAL COMMENTATOR: I will try.

Paris, but you make it so doggone hard at 11:00 east coast time.

BOLDUAN: Go right ahead, Angela.

RYE: Sorry, Kate.

So, Paris, what you just said reminds me of what Donald Trump said to Hillary Clinton. He jabbed it back at her. Throughout the debate he interrupted her. And she laughed and said, I guess everything is going to be my fault. And it's so interesting that at this moment, when Donald Trump was the one at 3:00 a.m. talking about this, the sex tapes, talking about how she was the worst Miss Universe contestant he ever had, that, too, is Hillary Clinton's fault? She did not make him tweet at 3:00 a.m. These are the commander-in-chief tests that he has to pass now. He has to exercise restraint. He has to be disciplined. He has to lead the conversation.

He had a surrogate on this morning with Carol talking about why are we talking about this and Carol had to say this is your candidate's doing. When you are the one running to be the leader of the free world, the leader of this country, what you do sets the agenda. That is why we are talking about this and not the real issues. That's your candidate. Welcome to Trump University.

(LAUGHTER)

[11:10:25] JACKIE KUCINICH, CNN POLITICAL ANALYST: Well, guys, at the end of the day, this becomes in 39 days, this goes from a 3:00 a.m. tweet storm to a 3:00 a.m. phone call. What's going to happen when a foreign leader, adversary or ally, offends Donald Trump? Is he going to go on a tweet storm? Is he going to hit the button? This really goes to temperament and just to being able to move on. That's the real concern here, is this individual acting presidential, because you can't do this kind of stuff when you're actually president of the United States.

(CROSSTALK)

BOLDUAN: Real quick on this, to kind of the point Jackie's getting time, because there are other things to focus on, or does this give a window into the person that folks are wondering if they should elect?

DENNARD: I think it's two-fold. I think it is a waste of time because there's bigger issues to talk about, like Secretary Clinton's issues as relates to the FBI investigation and her staffers taking immunity and things like that, and the foundation issues. But --

(CROSSTALK)

BOLDUAN: Why isn't that the Twitter storm at 5:00 in the morning?

DENNARD: I don't know. I'm not Donald Trump. But what I will tell you is that I would hope that Secretary Clinton would be more presidential like Angela was saying, like Jackie was alluding to, in elevating the debate. If you want to debate the issues, if you have something you want to talk about at the debates, let's not go down these rabbit holes and attack Mr. Trump personally.

(CROSSTALK)

BERMAN: Angela, you want to respond? You want to get in?

RYE: Yeah. Again, it's not her fault that your candidate is running a second grade election.

DENNARD: She opened the door. Secretary Clinton opened the door.

RYE: Paris? Paris?

DENNARD: She opened the door.

RYE: Paris, when I tell you the door has been open since, like --

(CROSSTALK)

DENNARD: Machado?

RYE: -- on CNN.

DENNARD: The Machado issue?

RYE: No.

DENNARD: She opened that door?

(CROSSTALK)

RYE: Wait. Miss Piggy, Miss Housekeeping, Rosie O'Donnell's a pig, he opened the door. That's why Megyn Kelly asked these questions from the beginning. They have to talk to him about what his substance is and unfortunately, his substance is vastly different from what the American people care about. Get your candidate to stay on message.

BERMAN: Dana Bash, let me bring you into this discussion. You have been doing some reporting on what this all means. We have the vice presidential debate on Tuesday but the next presidential debate is a week from Sunday. What is the Trump team trying to do leading into that debate? Is it going to be more of this or are they trying to steer it somewhere else? BASH: Well, it's a good question. I think the answer is a

combination of both. Because I said that with regard to Miss Universe, there's no strategy. This is not something that anybody around Donald Trump my understanding is, wants him to continue. Having said that, the campaign is putting out talking points for their surrogates, like our friend on TV with us right now, encouraging discussion about Monica Lewinsky and other issues that are, you know, things that some fellow Republicans call side shows. So he doesn't have -- it's not like everybody in the Trump campaign is saying focus on trade, focus on the Clinton Foundation. They are going to go, they are pushing to go back to the '90s and into unseemly issues. So that's happening.

But at the same time, there are others in the Trump campaign who are desperate to find a way to right the ship before the next debate. The idea being that he's got to focus where he needs to focus, where we have been talking about the past week on not taking the bait, on pivoting when Hillary Clinton tries to poke him.

And the question is who, if anybody, around him is able to convince him to do this. That there's been so much frustration in not getting Donald Trump to be able to focus on this speaks to why we are told about the frustration. He's sort of trying to talk to Trump through us, through the media.

BOLDUAN: David, go ahead.

CHALIAN: Dana is talking about the next debate. You have to remember the next debate is a town hall debate. There are voters right on the stage. It's a different kind of debate. As we are talking about injecting these things into the debate or what may happen, remember, this will be in front of undecided voters who are the thrust of that debate. How that plays in that format is going to be something for them to figure out. And we also have to remember overall when you look at what's going on, Paris is not wrong that the Clinton campaign is happy to have this distraction. They are. Look at what Brian Fallon, communications director or press secretary, tweeted this morning, like oh, no, Trump is dominating the narrative again today, we are really worried, sort of tone. But it is true that Donald Trump taking this up makes the election now at the end of this week back again to being a referendum on Donald Trump. For someone that a majority of the country does not yet see fitting the office, for higher unfavorables than Hillary Clinton, he doesn't want this to be a referendum on him. He wants it to be a referendum on Hillary Clinton. But when he does this, he makes the election referendum on him.

[11:15:24] BOLDUAN: Also saying she started it doesn't really sound like -- it sounds more like a fifth grade argument than it does an argument to run for president.

BERMAN: Guys, thanks.

BOLDUAN: Guys, thank you so much.

RYE: Thank you. BERMAN: Coming up, new revelations about the Trump foundation. Was it soliciting money illegally for years? A new report says millions of donations, millions of dollars in donations have been made against the law and it gets down to a certification. What the Trump team has to say about this certification, why the Trump foundation didn't have it, and also much more on that.

And new this morning, investigators have recovered the train's recording devices from the scene of the deadly crash in New Jersey. What are the clues that it can offer investigators? We'll be right back.

(COMMERCIAL BREAK)

[11:20:00] BERMAN: Want to show you live pictures right now from Florida, where Hillary Clinton will be speaking shortly. Now, just over the last few minutes, she has been on Twitter with some ferocious criticism of Donald Trump and what he had to say overnight about a former Miss Universe, Alicia Machado, who he has been talking about for several days now. Hillary Clinton just said on Twitter of this event in Florida, "You will want to watch." Does this mean she's going to respond directly and out loud to Donald Trump? Stay tuned for that.

Meanwhile, a new "Washington Post" report says Donald Trump's charitable foundation may not to raise money. In New York, large charities are required to have registration and an audit to make sure funds aren't spent for personal gain. "The Washington Post" reports the Trump foundation doesn't have this.

BOLDUAN: The foundation is already under investigation for questions surrounding using funds to make political contributions and to buy personal gifts.

So a lot to discuss here. Let's bring in the reporter who has been doing a lot of this digging, David Fahrenthold, "The Washington Post" reporter digging into all this.

So, David, walk us through. Tell us about the new reporting. Give us the nutshell of it.

DAVID FAHRENTHOLD, REPORTER, THE WASHINGTON POST: Sure. What's important here is the Trump foundation used to be all Donald Trump's money but in fact anything to the foundation since 2008. It's all been other people's money. What we found out now is in New York State where the foundation is headquartered you need a special sort of scrutiny in order to solicit, to ask for donations from other people besides yourself. The Trump foundation doesn't have it. So for years, it's been collecting money from the public without the permission that it requires.

BERMAN: What's the implication of that or what is the greater meaning of that? By not having that certification, what does it entail you to or not require of you?

FAHRENTHOLD: The most important thing here is that if Trump had sought the right kind of certification for his foundation, he would have had to submit to an annual independent audit. Right now he sends in his tax forms but he would have to -- if he had done this in the right way, he would have to get an audit where accountants would come in, look at his checks to make sure he did his books right and also ask was he spending the foundation's money in ways that benefited himself. We looked back already and found a few instances where that seems to have happened but it wasn't caught until this year.

BOLDUAN: David, is this something that it's really in the weeds and a lot of charities overlook it? Is it a technicality or is this glaring?

FAHRENTHOLD: Well, it's a box you check on the form, an extra 25 bucks, but the real implication is this audit which is pretty significant thing. Here's what' interesting. Eric Trump, Donald Trump's son, on the board of Donald Trump's foundation. Eric has his own foundation in New York. Eric does it right. He got the right kind of certification, submits to an annual audit. And he and Donald Trump, their foundations share the same accountant. So it seems somebody knew what the right thing to do was and, for some reason, it wasn't done in case of the Donald Trump Foundation.

BERMAN: So Donald Trump's son with the same accountant did get the certification, Donald Trump the father with the same accountant did not get it. That's what you're saying?

FAHRENTHOLD: That's right.

BERMAN: Has the Trump campaign responded to you about this yet?

FAHRENTHOLD: No, they have not at all.

BOLDUAN: Are you -- that's surprising because there's been a lot of back and forth kind of your reporting and a lot of response to your reporting. Is it a deadline issue? Give us what your thoughts are on that.

FAHRENTHOLD: I sent them a couple e-mails yesterday afternoon and in the past they have responded sometimes, and haven't responded sometimes. Sometimes the story comes out and they respond on television. That may be happening today.

BERMAN: In fact, David Fahrenthold --

(CROSSTALK)

BERMAN: -- thanks for being with us.

We have someone now joining us from the Trump campaign to respond to this article, Boris Epshteyn, senior adviser for the campaign.

Boris, thanks for being with us.

BORIS EPSHTEYN, SENIOR ADVISOR, DONALD TRUMP PRESIDENTIAL CAMPAIGN: Sure. BERMAN: You sat in this chair and complained about balance, that we haven't given you a chance to respond to reports about the Trump campaign before. You are here right now.

EPSHTEYN: Love being here.

BERMAN: Does Donald Trump, does the Trump foundation have the required certification it needs in New York State?

EPSHTEYN: Donald Trump and his foundation, to my knowledge, have followed all the applicable rules and regulations in terms of the foundation.

(CROSSTALK)

BERMAN: Does it have, David Fahrenthold reported very specifically it doesn't have the expert sayings it needs to solicit money. Before you say anything else, does it have the certification to solicit funds?

EPSHTEYN: I'm not the attorney or the accountant for the foundation. David Fahrenthold is not an accountant at all. He's trying to find clues and piece them together. All of his other writings have been complete failures.

BOLDUAN: How have they been failures?

EPSHTEYN: We forced him to update one of his pieces when he said these five charities didn't receive any money from the foundation, then CNN, Drew Griffin said, actually, these three did. He had to update the story. Then the story he did last week was full of innuendo. If he were willing to come on and have a discussion, I would have a question for him, which is where was the proof? He has no proof of anything he writes.

(CROSSTALK)

BOLDUAN: Here's the thing. He has actually asked for -- your campaign came out and completely trashed him in a statement following one of his reports, and in asking for any evidence to kind of support what you guys are saying where he has been factually inaccurate. You haven't provided it to him.

EPSHTEYN: It's his job. But he's the reporter that's dead set on disparaging this foundation that does good work.

(CROSSTALK)

[11:25:14] BOLDUAN: I don't think that's actually --

(CROSSTALK)

BOLDUAN: Let's -- why don't you put personal attacks aside. That might be a good idea.

EPSHTEYN: That's not a personal attack.

BOLDUAN: That's not a personal attack --

EPSHTEYN: It's not.

BOLDUAN: -- that he's taking it on personally to disparage this organization?

EPSHTEYN: Take a look at whatever else he's written the last six months.

(CROSSTALK)

BERMAN: You have said that his last report was filled with inaccuracies. I don't think you have actually said this one is, right? So you either have the certification or you don't. The attorney general of New York says no. Do you have any reason to dispute that?

EPSHTEYN: Again, I'm not the attorney --

(CROSSTALK)

BERMAN: You are not disputing --

(CROSSTALK)

BERMAN: Hang on. You are not disputing the facts of this story, right? You are not disputing the facts of this story.

EPSHTEYN: There are no facts in the story.

BERMAN: You don't have the certification.

BOLDUAN: There's one box that you check.

EPSHTEYN: As far as the certification goes, again, to my knowledge, the Trump foundation, Donald Trump Foundation and Mr. Trump follow all applicable rules and regulations because what you are missing here is there's a lot of requirements in there David went through. That's why he kept saying it appears he couldn't prove anything. You have to talk about the definition of solicitation. You have to talk about --

(CROSSTALK)

BERMAN: Solicitation, let's talk about it.

BOLDUAN: There's an example of solicitation.

There is an example of clear solicitation.

(CROSSTALK)

BOLDUAN: Here's the definition. I would say we all watched Donald Trump hold a fundraiser on television. He was actually counterprogramming to a debate for veterans and in doing so, soliciting donations to his organization. Here's what he says, "We set up a website, DonaldTrumpforvets.com. We have already raised $500,000 just today."

EPSHTEYN: Which is great, right? That's a good thing.

(CROSSTALK)

BOLDUAN: That's not the point. That's solicitation.

EPSHTEYN: You don't think it's the point that over $1 million from Donald Trump himself and over $5 million went to veterans? Shouldn't we be talking about that? Veterans' groups received $6 million and you want to talk about a box that may or may not have been checked correctly?

BOLDUAN: You are actually just distracting. If you want to get down to the facts, what you are asking for, then let's get down to the facts. Is that not solicitation?

EPSHTEYN: Again, I'm not the attorney for the foundation. David Fahrenthold is not part of any legal entity. He's just a reporter --

(CROSSTALK)

BOLDUAN: So if you don't know, why are you trashing the reporter?

EPSHTEYN: What I'm saying is David Fahrenthold is writing about some innuendo.

(CROSSTALK)

BOLDUAN: This is the attorney general of New York.

EPSHTEYN: Can I finish answering?

(CROSSTALK)

BERMAN: Not when you are slandering a reporter who got a statement from the attorney general of New York, then took it to tax and IRS experts and asked them what they thought about what they were learning.

(CROSSTALK)

BERMAN: Hang on. That's what David Fahrenthold did. We are asking you about the facts of this case. If you are not going to comment on the facts of the case, then --

(CROSSTALK)

EPSHTEYN: I will comment on the facts.

BERMAN: OK, fine.

EPSHTEYN: The New York attorney general, Eric Schneiderman is a partisan, a Clinton supporter, a Clinton donor. He's part of the Clinton Leadership Council. You think he's impartial here? What Eric Schneiderman did in New York, the attorney general is impartial in going after Donald Trump?

BOLDUAN: But when it comes down to a form, Boris, where you check a box that on the form, that would -- that is required if you solicit donations, if thatis improper that he hasn't, and he's soliciting donations, that is improper. Here's why it seems pretty glaring. His son has a foundation that shares the same accountant and his son did it properly.

EPSHTEYN: Well, again, you are making a judgment here that it's improper. I will leave that judgment to attorneys and the New York attorney general. If he wants to look into it, I guess he may or may not. Again, based on the information I have, Mr. Trump and his foundation have done everything properly. The issue we should be talking about is the --

(CROSSTALK)

BOLDUAN: You are doing a really good job of caveating every single one of your answers with based on the information you have. Will you submit you have no information?

EPSHTEYN: I'm not the attorney for the foundation.

(CROSSTALK)

BOLDUAN: You have no information about the foundation but you are here to answer these questions.

EPSHTEYN: I'm here from the Trump campaign to talk to you about the issues that matter from our perspective. That is not, you know, the search for some --

(CROSSTALK)

BOLDUAN: You think the Clinton Foundation would be looked into.

(CROSSTALK)

BERMAN: Hang on.

(CROSSTALK)

EPSHTEYN: The Clinton Foundation --

(CROSSTALK)

EPSHTEYN: -- five people tired to the Clinton Foundation get immunity from the DOJ.

BERMAN: You say you are not disputing -- you are not disputing David Fahrenthold's report today? If you don't have facts you are not disputing it?

EPSHTEYN: What I'm disputing is Mr. Fahrenthold putting out his facts as innuendo. He kept saying it appears, until he has proof, which is incumbent upon him. I don't have to prove a negative. He is somehow set on proving that something is incorrect.

(CROSSTALK)

EPSHTEYN: That's up to him to prove it.

BOLDUAN: The attorney general of New York says Donald Trump has not sought the proper certification for his foundation. There's your proof.

EPSHTEYN: The New York attorney general said it appears, then there's independent experts that are saying it. Those are experts and David Fahrenthold found. I'm sure if I went out there asking anybody for anything, they will give that to me.

(CROSSTALK)

EPSHTEYN: I can find anybody to say that.

BERMAN: While we have you here, I don't know if you are up all night, many of us were, Donald Trump was on Twitter going after Alicia Machado, the former Miss Universe. One of the things he said was "check out sex tape," among other things. Is that presidential?

EPSHTEYN: I'm not going to talk about the dispute between Mr. Trump and Ms. Machado. She has obviously dead set on smearing him.