Return to Transcripts main page


Donald Trump Set to Take Stage in Nevada; Hillary Clinton Campaigns with Katy Perry in Philadelphia; Trump Campaigning In Four Critical States Today; Poll: Clinton, Trump Tied In Battleground North Carolina; Kaine: Some In FBI "Actively Working" To Help Trump. Aired 8-9p ET

Aired November 5, 2016 - 20:00   ET


[20:00:00] ERIN BURNETT, CNN ANCHOR: Next, another hour of a special edition of OUTFRONT. Donald Trump about to take the stage in Nevada. Can he deliver the must- win state? Three days until election day, a new poll shows a virtual tie. Plus, Melania joining her husband on the campaign trail today. Is she going to help him? And Tim Kaine says some in the FBI are, quote, actively working to help Trump. Is he right? Let's go OUTFRONT.

And good evening. I'm Erin Burnett. Welcome back to a special election edition of OUTFRONT. The final push. Right now, Hillary Clinton going to be speaking at a rally in Philadelphia, moments away. Katy Perry going to be giving a concert there, second night in a row of a big concert performance supporting Hillary Clinton. It was Jay- Z and Beyonce last night. Katy Perry, Hillary Clinton going to be speaking there any moment, and Katy Perry. We're going to be taking you there live just as soon as that begins.

We are also this hour standing by for Donald Trump, about to rally supporters in the battleground state of Nevada. Two new polls just out show that race extremely close just three days until election day. Obviously a lot of early voting there. One of them showing Clinton leading Trump by one point, 44 to 43. In our CNN poll of polls, it is an average of the five most recent polls, this is nationally, her lead cut almost in half, right now, she is three points ahead of Trump, and it was five points last night at this time. Trump making his final pitch with a big ad buy called his "Argument for America." It's a two- minute long ad, timed to run during football and NASCAR events in crucial battleground states.


DONALD TRUMP (R), PRSEIDENTIAL NOMINEE: I'm doing this for the people and for the movement and we will take back this country for you and we will make America great again.


BURNETT: And our reporters are across the country on this final election week. We begin with Kyung Lah at the Trump rally in Reno, and Donald Trump is about to take the stage. Obviously a crucial night for him in a state that he really needs to win, and there's been a lot of early voting already. KYUNG LAH, CNN CORRESPONDENT: Well, what we are anticipating is that

Donald Trump will be delivering his closing message here to what is certainly a very enthusiastic crowd, a closing message that will include repealing Obamacare, focusing on those Clinton e- mail scandals, as well as trying to tell this crowd that what is crucial here, what will make a difference in this western battleground state, is turnout. Now, he is coming here after spending much of the day out east. He has been in Tampa, Florida, where there he, again, delivered that closing message, talking briefly off the cuff, mentioning the Jay- Z concert with Hillary Clinton, saying he was frankly unimpressed. And then he went to North Carolina, another battleground state; and there we saw a rare appearance by Melania Trump. She introduced her husband, putting on a bit of charm offensive by the Trump camp. He will be coming here, and then end his day in Denver, Colorado, another battleground state. We understand, Erin, he is running just a few minutes behind schedule, so a number of speakers here trying to keep this enthusiastic crowd energetic, because they are here to see Donald Trump.

BURNETT: All right, we see Rudy Giuliani doing the introduction. When Donald Trump speaks, we will be going there live.

Brianna Keilar, meanwhile, is out front at the Clinton event, the Katy Perry concert beginning in Philadelphia. And Brianna, Katy Perry making it clear Clinton's message right now is to young voters. It is the under 30s that she needs turnout from.

BRIANNA KEILAR, CNN SENIOR POLITICAL CORRESPONDENT: Yes, that's right, the people who she struggled with in the primary and she needs to attract. And I'll also tell you, looking around this auditorium, suburban women who have brought their daughters who are certainly too young to vote, but you also have a number of young women who are certainly of voting age but also their moms, because suburban women are so key in the Philadelphia area, and Philadelphia is so key to Pennsylvania for Hillary Clinton, and Pennsylvania is very key to her path to the White House as she tries to put up a blue wall against Donald Trump. Now, we are waiting, Katy Perry who is going to be performing after Hillary Clinton speaks. Last night, Hillary Clinton had help from Jay- Z and Beyonce; in Ohio, she'll be back in Ohio tomorrow with help from Lebron James. You've heard Donald Trump say he doesn't need this kind of star power to get a crowd. But this isn't just about getting a crowd; there are people here, volunteers, workers for the Clinton campaign who are getting voter information. Even yesterday in Ohio, across the street from one of the ticket distribution sites, was the board of elections office. So, this is all very carefully orchestrated as Hillary Clinton focuses on getting out the vote. And, Erin, we're also getting details about what her final day before election day is going to be looking at. She will be back here in Philadelphia for a big rally with her husband, her daughter, President Obama, and First Lady Michelle Obama, the first rally where they have all been together. She'll also be heading to three other cities, including Raleigh, North Carolina; she'll be heading to Michigan; and one other place that we're not sure exactly what it is yet, but certainly will signal what she's prioritizing here ahead of election day.

BURNETT: All right, thank you very much, Brianna.

And Mark Preston is out front in Washington; and Mark, early voting obviously crucial in some of these states, states like Nevada, like North Carolina, like Florida, and some important changes in the early vote race tonight.

MARK PRESTON, CNN POLITICS EXECUTIVE EDITOR: Yeah, Erin, no doubt about that. So far, nearly 37 million people have already cast ballots in 39 states across the country. As you said, we're going to look first at Florida, where we're seeing now more than 5.7 million people have already cast their votes before election day. But who's in the lead? Well, Erin, right now Democrats have about a 7,000 ballot return advantage over Republicans. Just two days ago, Republicans had 16,000 ballot advantage returned over Democrats. So, good news for Democrats, except when you look at what happened in 2008. In 2008, they had 146,000 advantage ballots returned at this same point in the campaign, so certainly off- pace from 2008 to where we are in 2016.

Let us look at the demographics of Florida right now and who's participating. African- Americans at 12.8 percent, Erin, and Hispanics at 14.4 percent. We compare that to 2008 and look at the drop- off amongst African- American participation as part of the over all electorate. That is a little more than three percent drop, even as we're seeing about 71,000 more African- Americans have cast ballots in 2016 than 2008. Democrats don't like to see this drop- off. What they are happy about, though, is this number right here, where you have Hispanics now increasing their participation in the early vote and their influence in the process by about 336,000 votes right now in 2016 over where they were in 2008. Let us now, Erin, go up to North Carolina. Up in North Carolina right now, 2.5 million people have already cast an early vote. And who's leading there?

Well, Democrats are, Erin, sizably, by 266,000 more ballots returned as we speak. And we compare that to what happened in 2012, this is about 14,000 more ballots returned in '16 than 2012, even as we are seeing the overall participation rate drop off right there. Let us dig in and see what the racial demographics, though, are in North Carolina. African- Americans at about 22.4 percent participation rate in the early vote; Hispanics at 1.9 percent. This is where it gets troubling for Democrats. Compare the middle column, 2016, to 2012; and look at that drop- off just in the raw vote alone. That is 31,000 less votes from African- Americans in the early vote process from 2012 to 2016. The Hispanic votes have increased, Erin, by about 22,000, or 0.7 percent. So, this is why we're seeing the likes of Barack Obama spend a lot of time in North Carolina over this past week. We will see him in Florida tomorrow. These two states are key for Donald Trump to win the presidency. And if Hillary Clinton, Erin, can stop Donald Trump in one of these states, it is going to be an entirely different night than we've been discussing.

BURNETT: All right, thank you very much, Mark.

And now, let's go to our panel. Jamie Gangel, special correspondent with me; John Avlon, editor- in- chief of The Daily Beast; along with Jackie Kucinich, the Washington bureau chief there; Clinton supporter Van Jones, who was an aide to President Obama; Trump supporter Scottie Nell Hughes; and Patrick Healy, New York Times political correspondent. Okay, thanks to all. So, let me start with you, Patrick, when you see these early voting numbers. Now, just to be clear, there are some states you can early vote in, and others you can't. You can't in New Hampshire; you can't in Pennsylvania; those are must- win states. But you look at North Carolina and Florida. On balance, how do you interpret the numbers we just heard from Mark?

PATRICK HEALY, "THE NEW YORK TIMES" POLITICAL CORRESPONDENT: I think it's pretty clear that if Hillary Clinton is going to win on Tuesday, it's going to be a different kind of coalition than the traditional kind of Obama coalition. I think she is very much counting on those Hispanic numbers to hold and grow. That that is a real sort of opportunity for her. College- educated whites, particularly college- educated women, and younger voters that Bernie Sanders and Elizabeth Warren can move out. But those numbers are not great. That sort of enthusiasm that Bernie Sanders supporters were showing during the primary season and Hillary Clinton supporters weren't quite capturing, I think you're sort of seeing the same thing here in terms of Hillary Clinton's early vote and Barack Obama's early vote. He got a lot of passion, but I will say, Erin, those Hispanic numbers in states like Nevada, which we didn't get into, is a big deal.

BURNETT: Big deal there for Hispanics.

HEALY: Exactly. I mean, Hillary Clinton in these states - - exactly. Big growth in the Las Vegas area particularly. A lot of Democrats, it looks like she's building up an advantage there, and that's a state that Donald Trump, he's in Reno tonight, that he's really hoping to take away.

VAN JONES, CNN POLITICAL COMMENTATOR: There was this claim by Donald Trump that there is a silent working- class majority out there that was a sleeping giant that he was going to get to stand up. And he did, but it's Latino. There's a Latino working- class sleeping giant that he has awakened. And what you're seeing now is a silent surge on the part of the Latino community. Listen, we always drive in the rear- view mirror in politics. It was the black vote for Obama; it's the Latino vote against Donald Trump that's going to determine this election.

SCOTTIE NELL HUGHES, CNN POLITICAL COMMENTATOR: But here's the thing: It was up until last night, even polling right now, Donald Trump is leading in Nevada, but last night there was a huge get out the vote surge.


HUGHES: Exactly, when they realized that they were losing. So, I don't know if Hillary Clinton is going to be able to pull it. But being a part of this campaign and watching it from the beginning, there's one thing that we can say. He turned out record numbers in the primaries; he turned out record numbers we're seeing in early voting. There's a good chance that we're going to have record numbers on election day. And so, if you're sitting there and saying, well, on this point, he's out 50 percent (unintelligible) 60 percent, we don't exactly know how many are going to turn out on election day, because we've broken all records up until now anyway.

HEALY: And one point to what Van was saying in terms of people voting against Donald Trump, this has to be a concern for Hillary Clinton in states like New Hampshire and Pennsylvania, where there isn't that large Hispanic population and you can't necessarily count on just voting against the other guy to energize turnout on election day.

JOHN AVLON, EDITOR-IN-CHIEF, "THE DAILY BEAST": Yes, and we talk each year about, so concerned that American voting numbers aren't what they should be. This year, to Scottie's point, we're going to have a record turnout, it could very well be. The problem is it's going to be a negative wave. So many people who are coming out are voting to stop the other person rather than simply support their own candidate on the policies. That's a different kind of problem than we've faced in the past.

BURNETT: Well, when it comes to turnout, too, one thing that really matters, we're talking about African- American community, we're talking about Hispanic community, is young people, right? They were fired up about Bernie Sanders. They do support in every poll Hillary Clinton, but that doesn't mean they actually care enough to go vote for her. Right? There's a big difference. That's part of the reason why she was with Jay- Z last night, part of the reason she's with Katy Perry tonight. Jay- Z, Beyonce, Katy Perry, let me just go through some of the other names that she's reaching out to. Lebron James, Jennifer Lopez, Miley Cyrus, right? This is all trying to get at that cross- section of diversity.

AVLON: Kind of awesome.

HEALY: But she's got James Taylor!


HEALY: The whole program, and she's got James Taylor in New Hampshire, so that kind of works perfectly.


JACKIE KUCINICH, "THE WASHINGTON POST": This is the hits list. President Obama at the University of Michigan, which has a crappy football team. I'm an Ohio State fan. I have to.

HUGHES: But here's something: My niece texted me the other day and she said the majority of college students are voting absentee. They're not voting there in their system. So, people are just assuming, like North Carolina, that within the Triangle those students are voting North Carolina. A lot of those students are absentee ballots from other states will not be necessarily counted until the very end, if there's a need for them to be involved.

JONES: Hillary Clinton had to, with millennials, overcome two problems. One is all the heartburn from the Sanders race. We can talk about that. But there's another problem, which is that Obama himself was just so cool, and so there was a coolness factor to voting for him. Hillary Clinton is not cool. She's a good nerd, she's a policy wonk, but there's no cool factor to that.

BURNETT: Except for her pantsuits, as she herself jokingly said.

JONES: Pantsuits are - - now everybody's got the pantsuits. I'm with you on pantsuits. But what she has been able to do, I think, over the past several days and the past week, when you have Funny or Die coming out with really great stuff, you've got the great memes going on, you've got these great stars, it's becoming a little bit cool now to be for Hillary Clinton; and that's important for her.

BURNETT: And to that front, let's just play her ad. Donald Trump put out this two- minute clip making his case in the final hours. We played that last hour. I want to play what Hillary Clinton put out today. This is an ad airing in 11 states, mostly usual battleground states, and this is Katy Perry.

KATY PERRY, SINGER: I got the eye of the tiger, a fighter, dancing through the fire; 'cause I am the champion, and you're gonna hear me roar...

BURNETT: The fact that, Jamie, this commercial - -

JAMIE GANGEL, CNN SPECIAL CORRESPONDENT: Van and I were dancing before the cameras came back on; and you forgot to mention she has Cher in Florida and Jon Bon Jovi in North Carolina. (Unintelligible) Look, I think it's very interesting what we're seeing in Michigan, where you're seeing the polls tighten. And let's remember: Bernie Sanders won in Michigan in the primary. There are states with problems. But, I want to go back again to the state of Florida. She's doing a little bit better than expected in Florida because of that Hispanic vote, because of Puerto Ricans which have become, there are about to be more Puerto Ricans than Cuban- Americans in Florida. They vote, they vote Democratic, the Democrats - -

AVLON: Demographic matters enormously. We did it in 2012. Republicans' problem, Hispanics were particularly pronounced in 2012. Romney only did 27 percent of Hispanic vote; George W. Bush got 40. So, this is part of a larger problem that Donald Trump has really just sort of really capped. That ad by Hillary Clinton, to your earlier point, I think is enormously effective for three reasons. One, it's actually inspirational. Inspiration's been sorely missed from the campaign. Two, it draws on a pop culture reference which gives a sort of halo effect of - -

BURNETT: As Van was saying, a coolness factor.

AVLON: And third, it shows in the interspersed clips of different points of her career, it makes a point about her commitment to public service over a long period of time. So, I think those three things make it the most effective ad for her.

KUCINICH: And the campaign has done a very good job. I would disagree there. I think the most effective ad of the campaign cycle was her, the daughters ad. I thought the daughters ad, they had...what I was going to say, is that ad also, I felt, really targeted women. A lot of the shots were of women, a lot of the shots were of her with women. And they've done a very good job of targeting that part of the vote that Hillary Clinton really has maintained.

BURNETT: And she's targeting women, and obviously effectively so. Donald Trump is trying here. In the final few days, we had Melania Trump give a speech the other day. Melania Trump was on the campaign trail with her husband today, trying to humanize him, make him seem softer in the crucial battleground state of North Carolina. Here's what she said.

Melania: Donald is a wonderful husband, father, and grandfather. He's strong, he's determined, bold, and decisive. He's also compassion at, thoughtful, giving, and loving. Donald cares - -

BURNETT: Effective, Patrick?

HEALY: Yes, I thought it was a nice move that he went over there, that there seemed to be some chemistry.

HUGHES: Affection?

HEALY: Some affection, the word I'm struggling for. Affection. And it was nice, it just felt - -

JONES: It was sweet.

HEALY: This is a side, look, Donald Trump has gotten in his own way so much during this campaign, but the side of him that has sort of a sense of humor, that is, can be improvisational, make him feel like a real person as opposed to the more robotic politician.

JONES: Sort of doing something spontaneously.

BURNETT: I heard you say "sweet."

JONES: It was sweet. He did something spontaneously that wasn't mean to anybody, so it was doubly wonderful.

HUGHES: Van has a soft spot for Melania!


BURNETT: He's doing all the right things.

AVLON: It was about time, without insulting us.

HEALY: It is. You know, you have to ask the question, unfortunately Melania Trump came out of the Republican convention very singed, and you have to wonder if she had been out there more, if she had sort of - -


HEALY: And everyone has to gain their sea legs, as a campaigner, it takes some time. But if she had been out there more, she would have been such a powerful surrogate for him, especially in early October when the women were coming forward with their accusations. HUGHES: Is there any doubt that anybody running against Hillary

Clinton was going to be termed to be sexist, we were going to have to fight this battle? Two years ago, I recognized (unintelligible) any man - -

KUCINICH: He's a special case.

GANGEL: They made it easy!

HUGHES: In 2012, they did "Mitt Romney is being sexist." They did, they've done John McCain. Every Republican who's run against a Democrat, and now especially with a female as the Democrat leader, you know that sexism was going to be the target.


HEALY: She had been out there - -

GANGEL: Not everyone had an "Access Hollywood" tape talking about grabbing - -

HUGHES: And you know what? The election would have been fine. But this year, we had Obamacare come out, and those premium notices counter, I think, a lot of what the daughter commercial did.


AVLON: I like the points you just made.

KUCINICH: Absolutely.

BURNETT: Pause. Pause. Pause to all for a moment. Out Front. Next, Hillary Clinton, she's going to be speaking. We're going to be taking it live at that Katy Perry concert in Philadelphia. You're going to hear that here. And also, live pictures of Donald Trump's final push in battleground Nevada, we'll be going there live. And we'll also go to North Carolina. It is the state that could turn this entire election, we're live in Charlotte tonight. And then Tim Kaine. He says there are some in the FBI who are actively working to help Trump. He is right. And our Van Jones in battleground Pennsylvania talking to Trump voters. He went in their homes, had conversations with them, including one mother who defended her support.

Woman: How dare you put me out there to be this evil individual! It broke my heart.

BURNETT: This is a special edition of Out Front.


BURNETT: Hillary Clinton has just taken the stage in Pennsylvania, about to have a Katy Perry concert. Let's listen in.

HILLARY CLINTON (D), PRESIDNETIAL NOMINEE: ...who are up here on the stage with me. I hope that you will be voting for them, as well. And I really hope you're going to send Katie McGinty to the United States Senate! You know, I'm very excited. There are just three days left in this most consequential election. Are you ready? Are you ready to vote on November the 8th?

You know, I spent a lot of time in states where they're already voting; and I was just talking to my dear friend, Cory Booker, because he's been criss- crossing the country, going to a lot of those same states. And here in Pennsylvania, you vote on Tuesday. But I want you to know this: More than 37 and a half million people in our country have already voted. Now, why are they out there voting? Because, I believe, they are standing up for a hopeful, inclusive vision of America. And I'm asking you to stand up for that same vision when you come out and vote. On November the 8th, it's your turn, Philadelphia!

My long- time friend, Congressman Bob Brady, knows that all the campaigning in the world doesn't mean anything if people don't vote. So, I hope you will go to to make sure you have everything you need to know where to vote, to make your voice heard. Because tonight, I want to hear you roar! And this Monday, this Monday I'll be back in Philadelphia; and so, if you're still all geared up and ready to go, come join, come join us at Independence Hall Monday night with President Obama and Michelle Obama!

We are all working our hearts out in the final sprint to this election, and we need your help. So, take out your phones, text "join," J- O- I- N, to 47246, and sign up to help us get out the vote. We're still recruiting volunteers. There are still people who need to be called, whose door needs to be knocked on, who maybe need a ride to the polls. So, if you have some time and you want to really be involved in winning this election, sign up to help; because when your kids and grandkids ask you what you did in 2016, when it was all on the line, I want you to be able to say, "I voted for a better, fairer, stronger America where everybody has a chance at the American dream."

I am so excited about this election because I really think we're going to send a message from coast to coast, east to west, north to south, about who we are as a country. And if we do what we should, then on November the 9th, this coming Wednesday, we can all wake up and say, "I'm going to do my part to make sure that America lives up to its promise to every one of our people, especially every one of your children who deserve the chance to live up to their God- given potential."

So, tonight, tonight it is a celebration for everything that you've already done to help us and all that we will do together; and I am thrilled to be able to introduce a performer whose music has a wonderful message. I was thrilled when our incredible guest tonight came out and started campaigning for me way back in Iowa before the caucuses because I love the message. When you get knocked down, which everybody does, what matters is: Get back up. Stand up for what you believe, know the power of your own voice, it can change the world. And let's once and for all, as we welcome her to the stage, let's prove that love trumps hate. Katy Perry!

BURNETT: All right, here with your panel, as you're watching this. Van says Hillary is dancing. JONES: I'm for it. I'm for it.

BURNETT: That said, Katy Perry is a very, very crucial millennial surrogate. She's been active for Hillary Clinton. It's a big night for Clinton.

JONES: And she's a feminist icon for the millennial generation. I think that's really important.

[20:30:00] You know, we sometimes forget this is history, and we do have a woman who could become President of the United States. That's a big deal. But for the younger millennials, they tend to take it for granted of that she is a millennial, feminist icon. Again, she's transferring that cool. There it is, that hug. That's the transfer. I thought -


UNIDENTIFIED MALE: John, the transfer only goes so far. I mean, the - you know, she had - she had Katy Perry and Lena Dunham working their tails off out in Iowa during the Caucuses to try to stop the Bernie Sanders momentum and it, you know, it barely worked. I mean, this, you know, it gets - it gets a little bit of buzz, but they weren't enough.

BURNETT: And then, how many people are there just for the concert? I just (INAUDIBLE) you know, the last time we saw Jay Z and Beyonce together, Secretary Clinton came out and there were people already starting to leave the hallway. Millennials are here just to see this great concert.

UNIDENTIFIED MALE: And I will say to you, a lot of people go to the Donald Trump events because of that excitement, because of the energy. And you guys say it's -

UNIDENTIFIED MALE: But they don't leave.

UNIDENTIFIED MALE: But you could say that you're converting voters, maybe you are, maybe you aren't. I tell you what, when you have someone like her, and we're talking about - we're showing right now, Hillary Clinton rally, you know, that gets out there. There are people in airports right now, there are people in bars right now. They look up, the see that it does transfer the energy.

UNIDENTIFIED FEMALE: But how pathetic if you have to have Katy Perry but -


UNIDENTIFIED MALE: You won't. You guys have Chachi, so that's where your problem is.

UNIDENTIFIED FEMALE: But we're not showcasing them.

(CROSSTALK) UNIDENTIFIED MALE: But the main thing that they try to do here is they try to organize, they try to basically get all of these people in who may just be there to see Katy Perry, but they're able to give them literature, to give me a difference of polling places that has some useful effect, but it just doesn't - just doesn't convert.

UNIDENTIFIED FEMALE: And so, the pulled some great liberals in the last few (INAUDIBLE) guess what, large rallies don't necessarily translate into voters. I think a couple of times that's been said to me over the last nine months.

BURNETT: I'm going to check with Brianna Keilar who's at this concert right now, who's told us there's a lot of suburban mothers there, they're with their daughters, some too young to vote. But I'm certain, a lot of that is Katy Perry, but a lot of that is the suburban women voters that Hillary Clinton needs to vote.

KEILAR: Absolutely. And I also wanted to remark on what Katy Perry walked out to, which is Janet Jackson's song, and it's not just because Janet Jackson is amazing, it's because they reclaimed the "nasty woman" remark that Donald Trump made. And they've done a really - I mean, it's one thing they've done a really incredible job at, is taking that and owning it and making it part of the campaign, and really, you know, using it as a term of empowerment, rather than the kind of dig that it was made to.

BURNETT: And as we watched Katy Perry, I will say Donald Trump is now actually on the stage in Reno, Nevada, so let's listen in to him for a few minutes.

TRUMP: As you know, the FBI has reopened its criminal investigation into Hillary Clinton, following the discovery of another 650,000 e- mails, probably including the 330,000 e-mails that Hillary destroyed after receiving a congressional subpoena. They are also - folks, folks, folks, she shouldn't be allowed to run. OK? Period. And I'm not talking about what happened last Friday. I'm talking about right now. She shouldn't be allowed to run. When you look at General Cartwright, four-star general for doing almost nothing by comparison could serve five years in jail. That happened two weeks ago. General Petraeus, destroyed their lives for doing nothing by comparison.

How about the young man who took pictures of a submarine. He wanted to have some pictures. The submarine, is not like it's a brand-new submarine, it's many years old. They put him in jail for a year and she does all of these different things. They're also conducting a second criminal investigation into Hillary's illegal pay-for-play corruption at the state department. There's virtually no doubt that FBI Director Comey and the great, great special agents of the FBI will be able to collect more than enough evidence to garner indictments against Hillary Clinton and her inner circle despite her efforts to disparage them and to discredit them. If she were to win this election, it would create an unprecedented constitutional crisis. In that situation, we could very well have a sitting president under felony indictment and ultimately a criminal trial.

It would grind government to a halt. Of course, that's what we have right now under Obama anyway. We need a government that can work and work well from day one for the American people. That will be impossible with Hillary Clinton. The prime suspect in a massive, far- reaching criminal investigation. Her current scandals and controversies will continue throughout her presence and will make it virtually impossible for her to govern or lead our country. Now, I don't think it's going to matter because she's not going to win, but let's go through the scenario only.

By the way, does anybody speak better about this subject than our legendary Mayor Rudy Giuliani? Does anybody? Huh? He's the greatest. Come here. Special guy. New York was crime infested, filthy, dirty, problems all over the place, Rudy came in, he straightened it out. Straightened it out. Thank you, Rudy, for everything. If she ever got into the Oval Office, Hillary and her special interests would rob our country blind. You see where it's going here? At the heart of this election is one simple question, "Will the country be governed by the people or by the corrupt political class?"

If we win, the corrupt politicians and their special interests will lose. If they win, the American people will lose. It's just that simple. The political elites in this country have used their power to enrich themselves at your expense. They've run the government for their benefit and they've profited from your pay, and you see what's happening.

And by the way, folks, you're highly sophisticated. I always say, I have the smartest people. Smartest, the smartest. And I have the most loyal people by far. And that's born out in every poll they take. In fact, they're very worried. You know, with all of the polls that are happening, we're winning all over the place. We're winning in Iowa. It just came out, we're seven points out. We're winning in Ohio. We're winning in New Hampshire. We're winning in North Carolina. I think we're going to win the great State of Pennsylvania. Based on turnout, I think we're going to win Florida. You know what else -

BURNETT: All right. This is Donald Trump speaking in Reno. Hillary Clinton, as you saw, in Pennsylvania right now at a Katy Perry concert. They are using every second that they can just to -- we came in, Jackie, to hear Donald Trump. He's talking about the FBI investigation, which, of course, he's trying to make hay on. It has been effective, it has cut her lead in the polls, that's what we can see in the "Poll of Polls" five points last night, down to three tonight. And going on and on about states that he says he can win. Does this get the turnout up?

JAKIE KUCINICH, CNN POLITICAL ANALYST AND WASHINGTON BUREAU CHIEF OF THE DAILY BEAST: I mean, I feel like the damage from the Comey e- mails is sort of done, and it - I don't know that - unless something else comes out, I don't want to tempt the universe or anything at this point, but it seems like that's done.

Right now, Donald Trump is just trying to get his people out and that is a message that has rallied his people and will get to them to the polls, because they don't like Hillary Clinton, they don't think she should be in office. And when they hear Donald Trump say that, it makes them want to get to the polls.

BURNETT: And, of course, John, it's not just his base that has an issue with the e-mails, it's the republican establishment.


BURNETT: To the extent that he is trying to reach those more moderate republicans. They're not at a rally like that tonight, but they hear those FBI, whatever he says about the FBI, that they hear that.

JOHN AVLON, EDITOR-IN-CHIEF OF THE DAILY BEAST: Sure. Well, this one is because it goes - it resuscitates all of the old issues with the Clintons. Fights with law enforcement, honesty, trustworthiness, the things that have been a drag on her approval ratings over the course of this campaign, the e-mail scandal is a proxy for resuscitating all of those concerns about the allegations of corruption in those culture war fights even within law enforcement during the Clinton - first Clinton administration. You heard there, Donald Trump, bringing back up the specter of an indictment, a constitutional cris.

BURNETT: Uh-hmm.

AVLON: Now, what's significant about that isn't only that the crowd likes it, the surreal fact that "lock her up" has been applause line, a rallying cry over the course of this campaign. But that even Trump's campaign manager Kellyanne Conway said earlier today that that's inaccurate, right, there is no evidence or actual reporting of any indictment. But she said that it doesn't matter because the damage has been done. Now, that's a deeply cynical, if honest, assessment of why this gets brought up over and over again, but it's going to be one of those wedges that's very difficult to heal.

BURNETT: OK. All staying with me and, of course, our coverage of Election Day, Tuesday, just three days away. We are here, though, all night with you tonight.

Next, North Carolina, a state that could turn the entire election. You heard Trump referenced it. We are live in Charlotte. And Tim Kaine coming out tonight. Speaking of the FBI, he said some in the FBI in his words, are actively working to help Donald Trump.


BURNETT: Donald Trump speaking in Reno. You just heard him speaking for a few moments at a rally. It has been a busy day for him. He's already been to Florida and North Carolina and he's going to Colorado later tonight. Just think about that for one second, it's pretty exhausting schedule. Gary Tuchman is "OUTFRONT" from Charlotte. And Gary, a crucial Battleground State, North Carolina. You've been talking to voters all day, talking to voters tonight at that bowling alley, what are you hearing?

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Well, Erin, presidential candidates, the two of them are paying very close attention to the voters of North Carolina and almost all of the North Carolinians we're speaking with are paying close attention to the presidential candidates. We have come to Ten Park Lanes bowling center in Charlotte, North Carolina to talk to average North Carolinians about what they think. Lots of early voting in this state. We waited for five hours of people in line today as they waited to early vote.

How about bowlers I want to talk to. You're a bawler? Quick question for you, "Have you early voted?"


TUCHMAN: OK. Are you going to vote?


TUCHMAN: What do you think of the whole process?

UNIDENTIFIED FEMALE: Well, I'm undecided. In terms of my final decision -

TUCHMAN: Are you sick of the process, though?

UNIDENTIFIED FEMALE: Yeah. I think that politics are politics, but I think that America can do better than both of these candidates.

TUCHMAN: I'd like to talk about - what are you bowling right now? I only see six points up there.

UNIDENTIFIED FEMALE: I got a spare. I'm working on it.

TUCHMAN: First spare. OK. We'll go over here now. These ladies are about to start bowling. They told me right now they're drinking near beer, right?


TUCHMAN: OK. Have you early voted?


TUCHMAN: You have. You have also?

UNIDENTIFIED FEMALE: Yes, we actually voted together.

TUCHMAN: How long did you wait to vote?

UNIDENTIFIED FEMALE: We waited about an hour.

TUCHMAN: Some people waited five and a half hours today.


TUCHMAN: Yeah. Are you tired of the process, or you want it to keep going at forever?

UNIDENTIFIED FEMALE: Oh, we're ready for it to be done, but we still really glad that we were able to get out and vote early to avoid those longer lines on Tuesday. TUCHMAN: Ladies, thanks for talking with me. You can see, not everyone wants it to keep going on forever but they sure know about the process. Erin, back to you.

BURNETT: They sure do. And you found an undecided voter. That's pretty significant. I mean, finding an undecided voter at this point. All right. Democrats are working overtime this weekend to make sure Hillary Clinton keeps Pennsylvania blue, that's where she is tonight. You just saw her moments ago with Katy Perry on stage in Philadelphia. Vice President Biden was also in Pennsylvania. And Miguel Marquez is "OUTFRONT" tonight in Pittsburgh.

Miguel, look, Joe Biden there obviously this is his state, right, Scranton man. Can he make the difference with last-minute voters with whether it'd be turnout or undecided voters in Pennsylvania?

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT: Well, they're certainly trying. All voters here are last-minute voters, because they don't vote until Tuesday. No early voting across the entire State of Pennsylvania. He was at a steelworkers union hall in South Allegheny County.

Keep in mind, Allegheny County, where we are, Pittsburgh and those counties around Philadelphia and Philadelphia itself, that accounts for about a half of all the voters in this state. So, they are working extraordinarily hard. Yesterday, Hillary Clinton was here in Pittsburgh. Today, Joe Biden was in South Allegheny County. Tomorrow, Donald Trump will be here. Clearly, they are looking for votes in this vote-rich area of the state.

President Obama in 2002, he only won 12 counties in Pennsylvania, but he still bested Romney, who won a 55 counties, 67 counties in total. He only won a few. Hillary Clinton has been -- she has been - she has 56 offices across the state. Donald Trump only has 12. She is competing or trying to compete in those states or in those counties where Romney barely beat Obama in 2012.

So, they are trying to be as competitive as possible. They have a massive get-out-to-vote campaign on the - on the Hillary Clinton side, and the Trump side has pretty much going over to the RNC. We'll see what happens on Tuesday. Erin?

BURNETT: All right. Thank you very much, Miguel. And now, new tonight, not long ago, today, Hillary Clinton's running mate, Senator Tim Kaine was taking on the FBI. In fact, he said some of the agents are actively working to help Donald Trump win. Look, it's an incredible charge, it's supposed to be a completely apolitical body, the top law enforcement body in this nation. Here's what he said.


TIM KAINE, DEMOCRATIC VICE PRESIDENTIAL CANDIDATE: I don't think Giuliani's walkback is credible. I think the FBI sadly has become like a leaky sieve. He knew that the FBI was not only a leaky sieve, but there were people within the FBI actively working - actively working to try to help the Trump campaign. This is just absolutely staggering, and it is a massive blow to the integrity of that body.


BURNETT: Those comments from Kaine followed the FBI director's letter to congress, which announced the bureau was reviewing e-mails possibly related to Clinton's private e-mail server. Corey Lewandowski, Maria Cardona, Patrick Healy are back with me. Maria, you hear that from your vice presidential candidate. Is it is fair criticism to come out and say people within the FBI are actively working to help Donald Trump?

MARIA CARDONA, CNN POLITICAL COMMENTATOR: I think it absolutely is fair. At least that is the impression that we are getting. The timing of the Comey letter, you know, he has been criticized from both the left and the right of people who know how the FBI functions, how the DOJ is supposed to function. And he's been eviscerated because of the timing of that, especially when in other instances he has kept from saying anything publicly about other investigations regarding Trump because he says that it's too close to an election, and that would be inappropriate.

So, I think it does mirror a lot of the concerns that democrats have. You have Congressman Cummings and Congressman Conyers who has sent a letter to the I.D. at the Department of Justice asking for an investigation into these leaks, because these leaks are also offering Donald Trump what he has used in his rallies, which are complete lies. The talk about the supposed indictments when there is none of that.

BURNETT: And there have -- there have been a lot of leaks. We found out about the number of e-mails. Patrick, we found out a lot of information that did not come from FBI Director Comey's letter.

PATRICK HEALY, CNN POLITICAL ANALYST AND POLITICAL CORRESPONDENT FOR THE NEW YORK TIMES: Right. Absolutely. But that's circumstantial in terms of are these FBI actively working. I've got to say to what Maria was saying. I do sort of take issue with because I think what you're talking about is process and what Comey did, what Tim Kaine said today was that the FBI was actively working on behalf -- some people in the FBI were actively working on behalf of supporting Mr. Trump. That's a really problematic statement. It reflects what Clinton advisers actually think (INAUDIBLE)


CARDONA: Yeah. And the impression that the FBI themselves are giving.

HEALY: But they wouldn't say - but won't - but they do not want their vice presidential nominee saying this without evidence, because it plays into what people have blown the whistle on Mr. Trump for, for months, which is Donald Trump has said things and not have evidence to back it up. Also they don't -

CARDONA: And that's why they're calling for an investigation.

HEALY: Also, they really do not want to be talking about the FBI. Granted this was an interview bringing it up, but, you know, for Tim Kaine (INAUDIBLE) it may not change a lot of votes, but it's not what they want to be talking about.


COREY LEWANDOWSKI, CNN POLITICAL COMMENTATOR AND FORMER TRUMP CAMPAIGN MANAGER: If Loretta Lynch didn't get into such a position where she had to meet Bill Clinton on the tarmac before the FBI is going to vote - about to come out with a decision and say, I recuse myself and let the FBI take this over, right, that's what she said. Let Director Comey take this over and then she could have stepped in.

But she's lost all of her credibility because they sat on the tarmac for 30 minutes and had a conversation about grandchildren and golf, and of course, none of this came up except what we found out afterwards was, "Hey, if Hillary Clinton is elected, maybe you'd want to continue to serve in this capacity." So, now we've got - we've got -

BURNETT: Well, someone said that, so we don't know for sure that that's what was said on that night.


LEWANDOWSKI: Well, the vice president of - the vice presidential nominee for the Democratic Party, making very serious accusations, there's no factual basis, and he doesn't have any proof to support that.


BURNETT: So, here's where it's coming from. Let me just play here where it's coming from, though, and he doesn't have any proof, so Patrick is complete right about that, but he has no proof, Maria, but Rudy Giuliani. Rudy Giuliani came out yesterday on Fox News, and said that he knew that the FBI was going to be coming out with this, so presumably was told by the FBI. Here's what he played first -

CARDONA: And Tim Kaine mentioned that.

BURNETT: -- yesterday morning on Fox.


RUDY GIULIANI, REPUBLICAN FORMER NEW YORK CITY MAYOR: I had expected this for the last - honestly, to tell you the truth, I thought it was going to be about three, four weeks ago. I did nothing to get it out, I had no role in it. Did I hear about it? You're darn right I heard about it, and I can't even repeat the language that I heard.


BURNETT: Right. Now later, Wolf Blitzer asked Rudy Giuliani about that, though, and he was very clear. He said, "I've had no conversations with anyone inside the FBI." In fact, he said it'd been a very long time since he talked to anyone who directly worked for the FBI. So, it became clear that it was possibly someone who used to work at the FBI, hearing from someone, in which case it was completely circumstantial of Rudy Giuliani.

CARDONA: But again, he stepped in it, too, because he's the one who then started the conversation about, "Well, what did he know and when did he know it, and why did he know that before the Comey letter came out. But look, I agree that that is not something that the Clinton campaign wants to be talking about, even though it actually does mobilize our base.

HEALY: Uh-hmm.

CARDONA: So, on that sense, I think it's good. But I think it also goes to another issue that is good for the democrats. What President Obama has been talking about, what Hillary Clinton herself has been talking about, which is, you know, regardless of all of these FBI stink bomb that is out there, and Donald Trump supposedly staying on message for the past week and a half, you can't erase the complete disqualifying moments, things that he has said, actions that he has taken in the last year and a half, and that is what President Obama is reminding everybody of. And in fact, when Donald Trump himself says and everybody makes light of it, "Donald Trump, stay on message." You know, Donald -


CARDONA: You know, it's funny, but I'm sorry, do Americans want to wake up every morning with a pit in their stomach, thinking that their president is not going to be leashed or muzzled, which is what he's been in the last week and a half, and fly off the handle? I don't think so.

LEWANDOWSKI: You know what, Erin, the American people have the opportunity to go to the election and to the ballot on Tuesday, and they can choose between a candidate who they don't think is honest and trustworthy or a candidate who's going to change Washington, D.C. That's the decision the electorate has to make and if the vice presidential nominee wants to remind all of the voters that Hillary Clinton is under a potential criminal investigation from the FBI. Thank you very much for making that point because I think when the American people go there in the states that haven't had early voting, New Hampshire, Pennsylvania, Michigan, that's going to be a serious decision, if Hillary Clinton is elected, will we have a constitutional crisis right now because the FBI has to continue to investigate criminal matters.


HEALY: There are. I'd love to say - I think (INAUDIBLE) say, there are - there are a lot of Americans who want a president who will speak his mind, who won't be muzzled. The problem is do you want somebody who is, you know, making statements that reflect how they really believe, or like a Rudy Guiliani-style statements which can feel like real conspiracy theories. You know, he did this with Mrs. Clinton's health, he had no evidence, he sort of does this with FBI. He has no evidence. You like the fact someone sort of says what they think, but you kind of get into a gray area there.

BURNETT: All right. And next, stay with us for another hour of OUTFRONT. Our special election edition continues this Saturday night.