Return to Transcripts main page

ANDERSON COOPER 360 DEGREES

Weiner Sexting Probe Leads FBI to Review Clinton Case; Weiner Sexting Probe Leads To FBI To Review Clinton Case; Reaction From Candidates' Supporters; History Of The October Surprise. Aired 8-9p ET

Aired October 28, 2016 - 20:00   ET

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


[20:00:08] ANDERSON COOPER, CNN ANCHOR: Hey. Thanks for joining us.

What a day. Tonight, with just three days left in October and eleven days until the election, an October surprise like few we've seen before. It concerns Hillary Clinton's private e-mail servers, as you know. But precisely how, we do not know. It involves the disgraced sexting former Congressman Anthony Weiner -- though to what extent, the FBI has not said.

What we do know is that when FBI Director James Comey notified Congress this afternoon the new e-mails have surfaced that appear to be pertinent to the now closed Clinton email probe, a political fire storm broke out.

And this evening, Secretary Clinton weighed in.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: I have now seen Director Comey's letter to Congress. We are 11 days out from perhaps the most important national election of our lifetimes. Voting is already under way in our country.

So, the American people deserve to get the full and complete facts immediately. The director himself has said he doesn't know whether the e-mails referenced in his letter are significant or not. I'm confident whatever they are will not change the conclusion reached in July.

Therefore, it's imperative that the bureau explain this issue in question, whatever it is without any delay.

(END VIDEO CLIP)

COOPER: Well, that's a portion of her news conference tonight in Des Moines, Iowa. We'll bring it to you in its entirety in just a few moments.

Donald Trump already capitalizing on the story. He's set to speak later tonight in Cedar Rapids, Iowa and we'll be carrying that live.

As for the story itself, CNN has learned from a law enforcement official that a significant number of e-mails may be involved -- in the thousands we're told. We've also been told by the same source that they span a lengthy period of time and were found on at least one device shared by Weiner and his wife, who's a top Clinton staffer, Huma Abedin.

CNN also learned the e-mails were sent and received by Abedin. It bares saying and repeating we do not yet know all there is to know about this nor do lawmakers, nor does Donald Trump, nor does Hillary Clinton.

Something to consider going forward tonight starting with our justice correspondent, Pamela Brown.

(BEGIN VIDEOTAPE)

PAMELA BROWN, CNN JUSTICE CORRESPONDENT (voice-over): The e-mails that prompted the new probe were on a device being examined as part of the Anthony Weiner sexting investigation, according to law enforcement sources. Weiner was recently separated from top Hillary Clinton aide Huma Abedin.

In the letter sent to the Senate Judiciary Committee today, Comey writes, quote, "in connection with an unrelated case, the FBI has learned of existence of e-mails that appear to be pertinent to the investigation." He went on to say, "The FBI should take appropriate investigative steps designed to allow investigators to review these e- mails to determine whether they contain classified information as well as to assess their importance to our investigation."

The e-mails in question are not from Hillary Clinton but were sent or received by Abedin, according to a law enforcement official. This just comes just three months after Comey told Congress the investigation into Hillary Clinton's private e-mail server was complete.

REP. JASON CHAFFETZ (R), UTAH: Did Hillary Clinton break the law?

JAMES COMEY, FBI DIRECTOR: In connection of her use with the e-mail server, my judgment is that she did not.

BROWN: Law enforcement sources says the newly discovered e-mails did not surface from the FBI investigation and the hacked Clinton campaign e-mails released by WikilLaks or the Clinton Foundation.

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: I need to open with a very critical breaks news announcement.

BROWN: Republicans immediately pounced. Donald Trump celebrating the news in front of a cheering crowd in New Hampshire.

And Speaker Paul Ryan tweeting, "Yet again, Hillary Clinton has nobody but herself to blame. She was entrusted with some of our nation's most important secrets, as she betrayed that trust by carelessly mishandling highly classified information. I renew my call for the director of national intelligence to suspend all classified briefing for Secretary Clinton until this matter is fully resolved."

Comey's announcement potentially reversing course from the FBI's previous decision.

COMEY: Although there is evidence of potential violations of the statues regarding the handling of the classified information, our judgment is that no reasonable prosecutor would bring such a case.

BROWN: Now, the question is, could that change?

(END VIDEOTAPE)

COOPER: And Pamela Brown joins us now.

Do we know why -- how is it possible these e-mails were not discovered, A, during the initial investigation, I mean, either by the FBI or turned over by Huma Abedin?

BROWN: Right. I mean, let's remember, this was a yearlong investigation by the FBI. One of the most high profile investigations the FBI has ever done. And so, it raises the question, why weren't these -- why didn't these e-mails surfaced during that yearlong investigation either by Huma Abedin handing them over.

COOPER: Right.

BROWN: Or by the FBI asking her, are there any devices with emails that we should know about, because we know that during Huma Abedin's interview with the FBI agents, she said she would forward State Department e-mails to her personal account.

[20:05:00] There were several. An account that she used for her husband's campaign activities and a couple of other accounts. And so, it's really perplexing that this is just now coming to light. And for all we know, these could be duplicate e-mails, we simply don't have that information. And the onus is on the FBI director to give us those answers.

COOPER: But Huma Abedin, I mean, anybody around Secretary Clinton who was being investigated should have turned over or informed them of any other devices they had, correct?

BROWN: Right. And we know that she was very specific in her interview with the FBI about these e-mail accounts which one she used. Why she sent them to these e-mails accounts. So, you're right that the onus was on the aides to turn over all the information they had. It's unclear why that didn't happen. We know that this was found in a device Huma Abedin shared with her estranged husband Anthony Weiner and there could be more devices. We still don't have those answers.

COOPER: All right. Pamela Brown, thanks very much. We're going to check in more throughout these two hours. There's a lot of fast- moving elements to this.

As we mentioned, Donald Trump is expected to speak shortly in Iowa. Here is more of what he said about the news earlier today.

(BEGIN VIDEO CLIP) TRUMP: I have great respect for the FBI for righting this wrong. The American people fully understand her corruption and we hope all -- all -- justice will finally be served.

(CHEERS)

(END VIDEO CLIP)

COOPER: And joining us now is Trump campaign manager Kellyanne Conway.

So, we heard Secretary Clinton press her case, Kellyanne, on saying she wants more information from the FBI, saying the American people deserve to get the full and complete facts immediately. Do you agree with that? Do you think voters are entitled to more information?

KELLYANNE CONWAY, TRUMP CAMPAIGN MANAGER: Yes, I'm for transparency and full disclosure and immediacy and honesty. But it's really rich and recent that Hillary Clinton would be. She's under her second FBI investigation of the year, and I think part of why she's calling for the full information is the frustration they must feel that they were told, they were assured, that this was behind them.

I think that you are the first person I heard today on TV, Anderson, make a very important point which is it seems that maybe Ms. Abedin and others didn't turn over everything they were asked in the first place. And I --

(CROSSTALK)

COOPER: Right, I don't get how that's possible.

CONWAY: How it's impossible she did not turn it over?

COOPER: Yes.

CONWAY: Yes, I agree.

COOPER: I mean, it was incumbent on everybody around Secretary Clinton to turn over and inform the FBI.

CONWAY: It's a very important point and fact here that many are missing today in the bluster of how to spin this. So, I appreciate that, I think that because this is a separate investigation from the previous one, we should all be reminded that the disappointment of many in what FBI Director Comey came to the first time was, his conclusion seem to be controverted by his own statements thereafter. He went out of his way to hold not a press conference but to give a public statement which struck many of his prosecutorial brethren as odd at that time, as you recall.

COOPER: Right.

CONWAY: He went out of his way to say she had been reckless and careless and, of course, under oath before Congress, he testified that yes, there was national security information contained in some. Yes, there was -- the C was mentioned stand for confidential. We all know that -- let alone a secretary of state, former U.S. senator and first lady.

And yes, she had more than one server. She had multiple -- excuse me, more than one device, she had multiple devices, which, of course, people then took a hammer to.

But this separate investigation is being launched by the FBI. Not the Trump campaign. Not the RNC.

COOPER: Right.

CONWAY: Not the vast right wing conspiracy.

COOPER: So, let me --

CONWAY: And I'm going to tell you tonight what I say all time, which is, we'd rather stick to the issues. Donald Trump is out there talking about the repealing and replacing Obamacare, creating jobs, renegotiating bad trade deals, and defeating ISIS. So, this -- we'll let the FBI do their job and Mr. Trump will do his job, which is reaching the American people on the issues they care about.

COOPER: Do you believe that Director Comey, I mean, given that in July, he made kind of unprecedented statement, he's now written this letter which raises a lot questions, doesn't really answer questions, there is obviously an active investigation. There is some would say, look, this is an active investigation, this is all he's going say. There's other folks who are saying, clearly, Secretary Clinton and her people are saying this is, look, Comey's got to come out and say more. Got to fill in a belong blanks.

Do you think he should come out now and fill in the blanks?

CONWAY: He should do whatever he thinks is best based on the investigation he just launched, or just noticed, I should say, today, and it is not up for me to say what he should and shouldn't do. I can understand why they feel frustrated.

I'm very disappointed that a high ranking official tonight made a statement or tweeted out that the FBI director should not be interfering with an election. Who should charge him of that? I mean, he's in a terrible spot, Anderson, had he sat --

(CROSSTAK)

COOPER: I mean, look, the Democrats loved him in July. They loved him in July. Now, they hate him. I mean everybody has switched sides on this.

In strictly political terms though, I mean, this is obviously good news for your campaign. You tweeted out earlier, "A great day in our campaign just got even better. FBI reviewing e-mails in Clinton probe."

Donald Trump obviously has a lot of ground to make up in polls and key battleground states, but how critical do you think this news could turn out to be? Can -- do you think it can actually -- do you think it's going to make a difference at the polls?

[20:10:02] CONWAY: Where it will make a difference, Anderson, are those few persuadable truly undecided voters that still remain. Part of why they are undecided attitudinally is they've decided for quite a while, they do not want to vote for Hillary Clinton. They know who she is. They have already seen her performance in public life and they are reluctant, indeed very hesitant to pull that lever for her. This won't help her.

And if you look at them demographically, they tend to be white women and men without a college degree, self-identified independents, which makes sense. And those independents, why are you an independent? We should not be confused with moderate. If somebody is independent, they usually tell pollsters, I can't stand either political party. I'm sick of Washington and everything stands for.

What happened today is the textbook case of independents call themselves as and why they don't like the system. See, this is just another illustration of her benefitting from a being part of the system.

COOPER: Kellyanne Conway, appreciate your time tonight. Thank you very much.

CONWAY: Thank you.

COOPER: Coming up next, Hillary Clinton's full take on today's developments as well as what our panel has to say about it.

And ahead on the program, Donald Trump speaking shortly. It will be very interesting to see how he reacts to all of this, to Secretary Clinton challenging the FBI to say more about the case.

We'll bring it all to you live.

(COMMERCIAL BREAK)

COOPER: Donald Trump will speak soon in Iowa. We got every reason to expect he'll have more to say about the breaking news, word that the FBI is now investigating device shared or perhaps more than one device shared by Huma Abedin and Anthony Weiner in connection with the now closed Clinton email server investigation.

[20:15:07] Now, as you saw at the top of the program, Hillary Clinton herself gave a brief news conference. We do want to play it all for you because it's an important thing and she took a couple of questions through all of it. Watch.

(BEGIN VIDEOTAPE)

HILLARY CLINTON (D), PRESIDENTIAL NOMINEE: I have now seen Director Comey's letter to Congress. We are 11 days out from perhaps the most important national election of our lifetimes. Voting is already under way in our country. So, the American people deserve to get the full and complete facts

immediately. The director himself has said he doesn't know whether the e-mails referenced in his letter are significant or not. I'm confident whatever they are will not change the conclusion reached in July.

Therefore, it is imperative that the bureau explain this issue in question whatever it is without any delay. So, I look forward to moving forward to focus on the important challenges facing the American people, winning on November 8th and working with all Americans to build a better future for our country.

Thank you.

REPORTER: Secretary Clinton, have you or any of your advisors heard from Comey or anyone else at the FBI today? And are you concerned at all that these new e-mails that they say will found will in any way reveal classified information that you sent or received?

CLINTON: No. We have not been contacted by anyone. First we knew about it is I assume when you knew about it. When this letter sent to Republican members of the House was released.

So, we don't know the facts, which is why we are calling on the FBI to release all of the information that it has. Even Director Comey noted that this new information may not be significant. So let's get it out.

REPORTER: You have 11 days to go. What would you say to a voter who right now will be seeing you and hearing what you are saying? Saying, I didn't trust her before, I don't trust her any more right now and they are heading to the ballot box tomorrow?

CLINTON: You know, I think people a long time ago made up their minds about the e-mails. I think that is factored into what people think. And now they are choosing a president.

So I would urge everybody to get out and vote early in all the states that have early voting. Because I think Americans want a president who can lead our country, who can get the economy working for everyone, not just those at the top and you can bring our country together.

I offer that. I can do that. And I'm very confident that the American people know that and we're going to continue to discuss what's at stake in this election because I believe that it's one of the most consequential elections ever.

REPORTER: Thanks very much. Secretary Clinton, there are some reports that these e-mails were found on devices that belong to your aide Huma Abedin and her husband Anthony Weiner. Have you spoken to Huma? Was she able to give you any information about that?

CLINTON: You know, we've heard these rumors. We don't know what to believe. And I'm sure there will be even more rumors. That's why it is incumbent upon the FBI to tell us what they are

taking about, Jeff, because right now, your guess is as good as mine. And I don't think that's good enough.

So we've made it very clear that, if they are going to be sending this kind of letter that is only going originally to Republican members of the House, that they need to share whatever facts they claim to have with the American people. And that's what I expect to happen.

UNIDENTIFIED MALE: OK. Thanks very much, everybody.

CLINTON: Thank you all.

(END VIDEOTAPE)

COOPER: That's Hillary Clinton tonight in Des Moines. I'm not going to say answering questions, because in truth, she didn't really answer any of the questions she was asked or really not many of them, particularly that last one. The question was, has she talked to Huma Abedin about this and avoided that by focusing on saying, we don't know anything that's going on.

Again, Donald Trump speaks later in Cedar Rapids. We'll bring that when he does.

Joining us now, CNN "INSIDE POLITICS" anchor John King, Clinton supporter and 2008 Clinton campaign senior adviser, Maria Cardona, Trump supporter, Paris Dennard, CNN chief political analyst Gloria Borger, and CNN senior legal analyst, Jeff Toobin.

Jeffrey, let me just start off with now. Just for some legal information. In terms of this investigation, is it possible for Comey to come out now as Hillary Clinton and others have suggested to try to clarify or fill in some of the blanks?

Because the letter that was released today raises probably more questions than it really answers. And, you know, Comey came out in July and said more than most people thought he was going say. Can he do that again?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: He can, but there is almost no chance that he will.

COOPER: Why?

TOOBIN: This is an information -- this is an investigation related to classified information. He's got a bunch of e-mails there, presumably from Huma Abedin's computer. He has to determine "are these classified?" He has to -- that means, go to the CIA, go to the State Department and determine if they're classified. That is a process that takes a long time.

He says in his letter that he just found out about this yesterday. I think there is absolutely that no chance we're going to hear anything more from Jim Comey. He's already violated a principle. Not a rule. But a principle at the FBI that you don't make any announcements related to politics sixty days before an election. It's not a binding rule but certainly a tradition at the FBI.

I don't think he's going to compound that by making an announcement seven, six, five days before an election, which almost certainly wouldn't clarify anything because there is not enough time to get the information.

COOPER: John, I mean, the flip side is if Comey did not come forward and say this latest information he has and then it's revealed after the election Hillary Clinton has won, then Republicans and many Americans would understandably feel like, well, wait a minute, he was holding on to this information and allowed the election to take place.

JOHN KING, CNN ANCHOR, INSIDE POLITICS: Remember when he testified to Congress, he said the investigation was complete. He was pressed repeated by Republicans and some of them actually said, if anything changes, will you get back to us?

So, this is Comey who may feel that he has an obligation to do this. But Democrats now, you asked Kellyanne Conway a few minutes ago, it's just yesterday Republicans thought Comey was a bum and Democrats thought he was awesome and now, we flip because of this. So, the system is rigged in another way. So, now, you have Democrats saying this is appalling.

And to Jeffrey's point, when Comey did speak, and the Clinton campaign was not happy when he spoke. Even though he came out and said the investigation, we found no reason, no prosecutor would do this, he took a couple of shots at her about the sloppy handling of the information. They weren't happy that he spoke then.

So, now, we're in this box. We're in this legal box but it becomes a political box.

And to one quick point about what Secretary Clinton just said. This is really an interesting test of her early voting operation, because in early voting, if you're a Trump supporter and you came away from Trump, let's say because of the attacks from the Gold Star family or because of he "Access Hollywood" tape, the Clinton people have you in their database. That's the first person you try to turn out in early voting, somebody who was for the other guy who might go back.

How many of them have you already turned out? How many of those votes are already in the bank? Because you know tonight any past Trump supporter that was now a Clinton supporter, if they haven't turned them out yet, they are going back to that person and to try to get them out tomorrow.

COOPER: Gloria, go ahead.

GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: Well, let's be clear what Comey did tonight, because it's kind of stunning. It's like he set the house on fire and walked out the back door and he just let it burn.

And there are lots of prosecutors who are arguing about this. And some of them are saying, look, the original sin was back in July when Comey came out and didn't just say we're disposing of the case and we've decided not to prosecute. But he did come out and make a judgment about Hillary Clinton saying she was extremely reckless.

Now, he was suspect in some quarters, probably yours, Maria, for having done that. And so, now, when you --

COOPER: But also, there were those in the FBI, according to reports, who were upset about --

BORGER: That's right. And so, now, he comes out with this letter today which is vague. And if he had come out with a letter, just imagine this -- if he had said that the e-mails were not from Hillary Clinton in this letter today, what kind of discussions would people be having if he had said that -- if he had said that up front?

So, the question is how much more information should he have divulged? He may not. I mean, Jeffrey might be right.

COOPER: But even if the email, I mean, Paris, even if the e-mails aren't from Hillary Clinton but it's Huma Abedin, her closest aide saying -- we don't know what they say. But, you know, they could -- Huma Abedin could be saying something that's very damaging to Hillary Clinton in these e-mails, about action she did or did not take. I mean, that would be just as important as if there is confidential information I would think.

PARIS DENNARD, TRUMP SUPPORTER: Absolutely, because let's be clear. Huma is not some friend or associate. She's a close --

COOPER: She's the right arm of Hillary Clinton.

DENNARD: The right arm of Hillary Clinton and has been for a very long time. And so, there is information on there that is significant enough for the FBI to come out and say this.

And I just think this is just like the third strike, when you talk about October surprises. The first is WikiLeaks, and then, you have the Obamacare premiums going up by 25 percent. Now, you have the FBI reopening this case.

KING: You forgot the "Access Hollywood" tapes.

(CROSSTALK)

(LAUGHTER)

DENNARD: Well, I'm talking about October surprises about Hillary Clinton, Secretary Clinton, you get three strikes. And I think, tonight, Anderson, I met a woman tonight who was truly undecided voter. She said, "I haven't watched the campaign." If she tunes in right now, and now, she's focusing on it, and I think there's a lot of people like her, what is she going to come to conclusion?

COOPER: Maria, I mean, as a Clinton supporter, how freaked out are you?

[20:25:01] And also, how upset that there's not more detail in the Comey letter?

MARIA CARDONA, HILLARY CLINTON SUPPORTER: Very upset, and let's go back to something that --

COOPER: I notice you avoided the freaked out.

(CROSSTALK)

CARDONA: I'll be honest. When I first heard it -- yes, of course, I was freaked out. But then again to the point about the FBI not providing enough information, when we took -- when we took a step back and actually started realizing what was in there, from the reporting that we have seen, these are not e-mails that were sent or received by Hillary Clinton. They were not even e-mails that were on her server.

COOPER: Well, we don't know that. We don't know. They could have been sent by Hillary Clinton to Huma Abedin. We don't know, right?

CARDONA: But again, from we know and we don't know and I think that's the problem, this doesn't really have anything to do with e-mails that were sent by Hillary Clinton. It is e-mails that were sent or received by Huma Abedin and/or her husband.

But that's the whole point, Anderson, we don't know. And in the absence of that, people will jump in, obviously the Trump campaign will use this -- try to use this to their advantage because they were desperately flailing and failing.

DENNARD: No, we're up in the polls.

CARDONA: Hillary Clinton was up in the polls. And they had no, you know, very narrow path to 270. So, they're going to try to use this to their advantage and I think it is unfair to the American voter that we don't have more information about this.

COOPER: All right. We're going to have a lot more to talk about over these two hours. As we said, a very fast-moving story.

Donald Trump shortly in Cedar Rapids, Iowa. We'll bring you that as we've said on a very busy day of barnstorming. He's been doing his best to try to leverage the FBI Director Comey's revelation, see how he's reacting to the newly discovered e-mails, ahead.

(COMMERCIAL BREAK)

[20:30:29] ANDERSON COOPER, CNN ANCHOR: Well the breaking news. FBI director James Comey today informed lawmakers today that new e-mails have surfaced that he says appear to be pertinent to the now close Clinton e-mail probe. They were uncovered after the FBI sees device belonging -- belong to an Clinton aide Huma Abedin and her estranged husband Anthony Wiener.

Now, Weiner you may recall is under investigation for allegedly sexting with an underaged girl. A lot of layers to this. Donald Trump as we've said to has been talking this off on the campaign trail obviously, he'll be speaking shortly in the rally Cedar Rapids, Iowa. Earlier he held rallies in New Hampshire and Maine. Actually political corresponded Dana Bash joins me now.

So you heard from Clinton addressing this issue, talk us to about how Trump is reacting today.

DANA BASH, CNN CHIEF POLITICAL CORRESPODENT: Well as you said he was speaking at two rallies earlier today. Both rallies he did address it. Talking about how he's glad that the FBI in his words is now righting the ship. Maybe the system isn't as rigged as he thought. And the FBI and in particular the director who had been to the sort of the target of much criticism when they decided not to indict Hillary Clinton. He's definitely changed his tune.

What he'll say when he arrives here in Iowa we're not yet sure yet. Because I was told by an aide they are working on the speech to see whether or not he's going change it at with question that he saw what Hillary Clinton said at her press conference. Then it would be surprising if we didn't hear from him about that specifically Anderson.

COOPER: And Dana, I mean does it, I mean as far as you -- I guess we don't really know whether any of these e-mails are from Hillary Clinton or not. But certainly it seems to have been a device that Huma Abedin and/or Anthony Weiner had or shared. Can you just explain for those who had don't exactly know Huma Abedin is, I mean to say she's just a close aide is an understatement. I mean she is -- she is -- you know, we called her the right arm of Hillary Clinton earlier.

BASH: The right arm part of the family. Like a second daughter. But she is kind of almost half of her brained and her arm. I mean she has been by Hillary Clinton's side for so long that she's one of these people who knows what Hillary Clinton is probably going to think before she does it, but that she can get out ahead. And that is are this through traditional body person does but there is nobody like Huma Abedin when it comes to that kind of the sympathetical relationship.

And as to whether or not the fact that it's muddled potentially muddled as to whether it was an e-mail that Huma Abedin had or it was Anthony Wiener's computer, we just don't know whether that matters politically. I think the answer is no in that you have Donald Trump and people who are kind of maybe even on the fence about Hillary Clinton speaking up this feeds into the narrative that already exists for them that they don't trust her. They don't trust the people around her. That it's more of the same. I mean if I don't know if you could hear behind me. They are already chanting lock her up and they have been doing so hours before Donald Trump comes.

These are people who are probably already going to vote for Donald Trump. But if there are enough people who are again sort of on the fence not here to Trump rally but thinking, you know, what I'm just -- I can't do it, I need somebody who's more from the outside, they might even if they are not thrilled about Donald Trump might go for him instead of her, thinking about this issue.

COOPER: All right, yeah Dana Bash, Dana thanks. We'll continue checking with you. We're going hear from Donald Trump shortly when he takes the stage there. I were -- joined again by our panel.

Jeffrey Toobin, just again on the legal aspect, OK assuming this investigation goes forward. They look into this. What is the next step if they decide, you know, there is something amiss here?

JEFFREY TOOBIN, FORMER FEDERAL PROSECUTOR: Up then -- well I've -- nothing's going to happen for that -- for more than -- in the next 11 days. This is way too complicated to be resolved in 11 days.

COOPER: You guys are too many e-mails. We're told that could be in the thousands and there's too many departments which have to be contacted and stuff like that.

TOOBIN: Absolutely.

COOPER: OK.

TOOBIN: So that we will know if Hillary Clinton is elected president. If Hillary Clinton is elected president and Comey feels that there is serious possibility of wrong doing I think he would have to recommend to the Attorney General Loretta Lynch to appoint an independent counselor special prosecutor. There is no way that a president elect who will be in charge of the Justice Department can be investigated by the Justice Department. That's why we have had special prosecutors in the Iran-contra case, in Watergate certainly with Bill Clinton and Kenneth Starr appointed to investigate him.

[20:35:08] I think that's the only thing that could happen at that point if Comey and the prosecutors he's working with feel there is a need to proceed. But again, we're getting a bit ahead of ourselves. We don't know if there is anything in these e-mails that merits that kind of conclusion.

COOPER: Is there any way, John, I mean, you know, the polling the battleground state. Is there any way to assess the impact of this with 11 days to go?

JOHN KING, CNN INSIDE POLITICS ANCHOR: Not tonight. In the sense that we'll know in three or four days and those first polls will probably the not be good for Hillary Clinton. Remember what happen to Donald Trump right aft the "Access Hollywood" tape. He cratered. He cratered. I mean it looked like a blow. A week ago we're talking about a blow out, we were talking about Hillary Clinton, maybe winning Utah, Hillary Clinton maybe winning Georgia. Republicans running from Donald Trump ...

MARIA CARDONA, CLINTON SUPPORTER: That has still happen.

COOPER: After the "Access Hollywood. To after the "Access Hollywood" tape, a lot of Republicans, a lot of Independents who are really Republicans. Republicans leading, Independents ran.

COOPER: Right, I mean you said you think that cases staying, it looks like ...

(CROSSTALK)

TOOBIN: But in recent days, the reason its race has tightened some, if you go state by state, Clinton is still favored as we at this morning, you know. So what happens now? Is there elastic with some is the elastic stretched out right after a big event. And so you might see numbers that are woe and then they slowly back. But we don't know. We need to wait and see, which is why Democrats are pretty this pressure on Comey right away trying to jump and say you need to tell us more.

But again has -- what we don't know, the whole Clinton campaign has been to disqualify Donald Trump. So that anything that you heard about Hillary Clinton doesn't matter because you already know you can't vote for him. And so essentially you're stuck with her. If you are -- I mean if you're a Hillary Clinton supporter you don't agree with that sentence. I mean for those of you, you know, for other people you are stuck with her. But she's still, she's qualified, about trustworthiness but she's not him. The question is how successful? Now we're about to find out how hard is that cement? How hard is this cement on the effort to get Independents, college educated women.

You know, that who were Mitt Romney voters four years ago. Who we're going to be Hillary Clinton voter's this time. How hard is this cement on I cannot under any sort circumstance of vote for Donald Trump. Because if it's not dry, race could change.

GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: It couldn't depress turnout. If you have people who don't like either one of them but were tending towards Hillary Clinton because they didn't think that Donald Trump passed the commander in chief threshold. That it might suppress turnout. And you might have people who say, you know, what I just give up.

COOPER: Yeah.

(CROSSTALK)

CARDONA: This is why I think it was really important for her to come out as quickly as she did.

COOPER: Right.

BORGER: And to say.

CARDONA: And to say look we need more information. I have nothing to hide here.

COOPER: All right, we're going to more with our panel.

Up next, how supporters at Clintons and Trump's campaign events are responding to today's news. The reactions obviously quite different. We'll be right back.

(COMMERCIAL BREAK)

[20:41:47] COOPER: Well the news that the FBI would be looking at more e-mails came out as both candidates run the campaign fell today. Again we have to stress that no one has any idea what if anything will end up being significant in those e-mails. Still the reaction from crowds gathered at two candidate's rallies was as you might imagine pretty different.

Miguel Marquez, reports.

(BEGIN VIDEO CLIP)

MIGUEL MARQUEZ, CNN CORRESPONDENT: At the Hillary Clinton rally, news the e-mail investigation is being revived for some expected but still a shock.

You just put your head in hands.

UNIDENTIFIED FEMALE: I did. We've been waiting for something like this.

UNIDENTIFIED FEMALE: Exactly expecting that something like this was going to pop up.

MARQUEZ: Some found the timing of the announcement the worst parts.

JERRY SCHMIDT, IOWA VOTER: I thought the timing is really terrible for Hillary. This is the worst thing that could probably happen when there's only two 10 days left of the election.

MARQUEZ: Six short blocks away just across the river, a Donald Trump rally and their reaction decidedly different.

Trump supporters embolden by news the FBI is looking at new information.

CINDY HOFFMAN, IOWA VOTER: Finally. Yes. It needs to be taken care of. She got away with it the first time.

MARQUEZ: Many hoping undecided will finally see the light. Deena Larson drove eight hours from Langford, South Dakota. Three kids in to.

Do you think that will turn the tide in the election?

DEENA LARSON, SOUTH DAKOTA VOTER: If they can get the word out there. I mean if these Independents and Democrats would hear this now. And maybe they'd finally wake up and realize that she's a crook.

MARQUEZ: Eric Rende who's already voted for Trump says he knows he's not perfect but.

ERIC RENDE, VOTES ABSENTEE: Yes he has faults. Yes he's not right about everything but like why do we have to be lied to.

(END VIDEO CLIP) COOPER: And Miguel joins us now. Has the energy and supporters for either candidate changed since Comey's announcement today?

MARQUEZ: Well I can tell you here at Cedar Rapids, both had events in this little town at on the river and at the Trump event now the crowd here is probably five or six times that of Hillary Clinton's. The chants of lock her up, while it is always there are vociferous and angry today.

The folks at the Hillary Clinton rally earlier today. Some of them were resigned to the news, they aim that this is where they come in any events. And when they heard it they just then little shock at how big the news was and aren't quite sure what's going to mean on Election Day. Anderson.

COOPER: All right Miguel Marquez. Thanks very much Miguel.

Joining us now is CNN senior political analyst and former presidential adviser David Gergen, also political commentators Paul Begala and Jeffrey Lord. Paul is a Clinton supporter, and above of the pro- Hillary Clinton Super PAC, Jeffrey supports Donald Trump.

So David, Hillary Clinton's comments tonight was it enough in your mind?

DAVID GERGEN, CNN SENIOR POLITICAL ANALYST: No. I think she needs -- I think the call for the FBI to offer more information is exactly right and I have great respect for James Comey, but you can't leave this nation dangling with a potential criminal prosecutor or probe hanging over one of the candidates when there's more information that could soften it up. After all Anderson we do have leaks coming outs of the FBI, one, you know, "Washington Post" is reporting that there a thousand e-mails that at stake here, the "New York Times" reporting 10,000. We have conflicting leaks.

[20:44:59] It is incumbent upon the FBI leadership to put out a statement which gives us, as much information as they can tell this how many they are tells to characterize the both of them. They may only be the logistical things. So they're going to do that.

And I know -- I think Hillary Clinton's call for that was right. But thereafter, she ducked the question of finding out herself and talking to Huma Abedin about what had happened. And I think she has a responsibility to the country to come forward on her own and say, "This is what's been happening from my point of view." How about that, she has to help us understand why wasn't this device with the e- mails turned over the FBI a long time ago?

COOPER: Yeah, I mean Paul, does that make any sense to you? I know you are obviously not in contact with Hillary Clinton because you were involved with a Pro-Clinton Super PAC. But I mean either why didn't the FBI know about this device before during their original investigation or I mean isn't it incumbent on Huma Abedin and anyone around Secretary Clinton to turn over any devices or information they have? PAUL BEGALA, DEMOCRATIC STRATEGIST: Let's say this is a problem with Comey's tease here and the smear by tease is he doesn't even say this was a device that was not turned over to us. We don't even know if it's been sit on his desk for six months about that. But we don't know. That's why David is so right. It's so really shocking for the FBI which is not supposed to be political, 11 days before an election to roll something out like this but not give us any information. He did say that he doesn't even know if it is significant. So then that's about it.

Right here, he says, "Well, I didn't know if it's significant." Holy smokes, Mr. Director we're 11 days from an election. If it is not significant, shut up. So I'm really appalled at this. And if there have been some leaks as David points out, "Associated Press" is reporting that none of the e-mails were from Hillary or from Hillary server. That has been a cracks of the political prom for Hillary is that she herself mishandled e-mails. If the "AP" is right then who knows, but they're good reporters, if not even about Hillary mishandling e-mails at this stage. And to roll this out 11 days before an election is really appalling.

COOPER: Jeffrey, do you think the FBI director should make a statement filling in some of the blank?

JEFFREY LORD, TRUMP SUPPORTER: I'm off for as much information as you can get out there. I mean Anderson -- I mean look at this press conference that she just held. This is exactly what people would get in the White House. She came out. She read a short statement. She took about two or three questions and she walked off. This is how exactly how she would handle the presidency. She has as these WikiLeaks things demonstrate her own staff. People think she has a degree of paranoia. What I would call Nixonian paranoia. That just, it's certainly not the kind of thing you want in the White House. This goes to judgment over and over and over again in her entire career. It's been bad judgment and here we go again.

COOPER: And David Gergen, do you -- I mean do you agree with Jeffrey that this sort of speaks to bad judgment?

GERGEN: I don't think we can make that conclusion yet till we know what's in these documents and how this -- how -- why is this coming a as tail end, you know. We thought this things was wrapped up, this investigation was wrapped up back in July. Why is this information now suddenly resurfacing? And I, you know, I don't think we can make a judgment but I do think both the FBI and the Clinton camp need to tell us far more than they told us already.

People -- the voters are entitled to know more facts. It is not fair either -- frankly either to the Clinton people or to the Trump people to leave so much mystery and then have some leaks going on that are authorized, not authorized. You don't know if they're true, you don't know what's true.

COOPER: Right.

GERGEN: The voters deserve the straight truth. COOPER: Paul, I mean I know for your Super PAC, you do a lot of focus groups on issues and what issues resonates, what issues don't. Is this something you think is going to resonates in these last 11 days with voters who may be on the fence or, you know, even impacting enthusiasm if voters want to come out and vote for Clinton?

BEGALA: Yeah, I think the damage of the e-mails which has been significant is already done, now that that's all baked in. Now, there is an enormous opportunity cost, right. We've just spent, I don't know the first 40 minutes, 45 minutes of your program talking about nothing but the word Hillary and the word e-mail, always bad for her when that happens.

So this is an opportunity cost, because we're not talking about things that maybe could advantage Hillary in the race. But I think it is mostly baked in. I think voters in this most unlovely of elections are kind of down to, you know, yeah Hillary mishandled e-mails, Donald Trump accused of mishandling women and women worse. So, you know, I don't think it's an even deal. You know, one kid in occasion didn't turn in their homework. The other burned down the school. And I think that's kind of where voters are. It is not good for Hillary but it is a compared to what situation.

COOPER: Well, also Jeffrey, I mean to Paul's point, any time, you know, a day spent talking about Hillary Clinton and the e-mails for Donald Trump is probably a good day. And with -- there is no way this investigation as to Jeffrey Toobin's point earlier, you know, this is going to go on well past Election Day. So the next 11 days, if the FBI doesn't -- or even if the FBI does come forward and then fill in some of the blanks, a lot of days are going to be enough with this.

[20:50:08] LORD: Yes. Two points, Anderson. One, with 11 days left this is -- this makes Donald Trump's argument exactly to the point here. You sum up the argument in terms of her judgment, her paranoia and all of the rest.

The second thing, Anderson is, and this is the really disturbing thing. Let's just say for the sake of the argument she wins the election, this isn't going to stop. There will be a move to impeach her the moment her hand comes down from that bible. This is going to go on and on and on and on and frankly, I mean, that's something the American people need to consider now.

COOPER: Well, I mean, that depends.

GERGEN: Let's not talking about impeachment here. That's the way out-of-bounds.

COOPER: That's the policy. Go ahead, David.

LORD: Well, what I'm saying is this is not going to go away if she's elected president.

COOPER: Well, you're saying -- yeah. I mean, obviously, whatever the results of the FBI is, whether Republicans want to make something more out of it, that's to be determined. But we don't know what the results of the FBI would.

Anyway, we got to take a break here. David Gergen, Paul Begala, Jeffrey Lord, thank you.

As we've been discussing nowadays, a potential wrench in the campaign can be related to the investigation of alleged sexting case involving a candidate's adviser to strange husband, but the concept of the October surprise that existing long before things got so complicated. We'll take a look back ahead.

(COMMERCIAL BREAK)

COOPER: Well, they call it the October surprise, a late in the game revelation that could affect the election as in on October 7th, surprise, Donald Trump is on tape talking about sexually assaulting women and now at least 11 women have come forward to say he did just that.

[20:55:10] Or today, October 28th, surprise, the FBI's Clinton e-mail investigation may not be entirely over after all. And remember, there are still three more days left in this month. Without in mind, here's a look at some past October surprises. Tom Foreman, reports.

(BEGIN VIDEO CLIP)

TOM FOREMAN, CNN CORRESPONDENT: A raging storm on the East Coast, the sex scandal in D.C. and a nuclear test in China, each has been an October surprise, a big news event in the autumn of a presidential election that threatens to change the outcome. Late 2008 saw one ...

COOPER: $1.2 trillion that is how much investors including any of you stocks and the retirement plan lost today.

FOREMAN: As the stock markets dive into turmoil and the recession roars, Republican John McCain insists ...

SEN. JOHN MCCAIN (R) ARIZONA: The fundamentals of our economy are strong.

FOREMAN: And his once tight race with Barack Obama becomes a Democratic blowout. Four years later, fall reveals an audio tape of Republican Mitt Romney characterizing almost half the voters as dependent on government handouts.

MITT ROMNEY, FORMER GOVERNOR OF MASSACHESETTS: There are 47 percent of people who will vote for the president no matter what.

FOREMAN: The president ramps to re-election. The term October surprise gained popularity 44 years ago this week.

1972, Richard Nixon's National Security adviser, Henry Kissinger has late news about the unpopular Vietnam War.

HENRY KISSINGER, NATIONAL SECURITY ADVISER TO PRES. NIXON: We believe that peace is at hand.

FOREMAN: He is wrong. The war goes on. But so does Nixon's presidency. And we've had October surprises ever since.

1980, many think Jimmy Carter will be boosted over Ronald Reagan by the release of the American hostages in Iran, the surprise, it does not happen until after Reagan has won.

1992, Reagan successor, George H.W. Bush, is just days away from the vote when a top Reagan team member is indicted over the Iran contra- affair. Democrat Bill Clinton takes the White House.

2000, Clinton's Vice President Al Gore is battling George W. Bush. Republicans strategist are certain Bush can pull ahead, then news emerges Bush was arrested 24 years earlier for drunk driving.

(END VIDEO CLIP)

FOREMAN: In the popular vote, the race winds up essentially a tie, although, Bush ultimately wins. So the backs wash of that October surprise, a Halloween trick or a treat depending on how you look at it. Anderson?

COOPER: Wow, lot of surprises. Coming up -- thanks very much.

Coming up, another hour of "360." We'll keep on eye on Cedar Rapids, Iowa. We're expected Donald Trumps to be speaking very soon. We want to bring that to you when he makes the comments about what happen today as well the latest on the FBI's decision to revisit the Clinton e-mail server case.

A law enforcement source telling us the e-mails have question are connected to Clinton's aide, Huma Abedin. More details ahead.

(COMMERCIAL BREAK)