With his economic advisers, how he plans to create new jobs and move the needle on Economic Growth. We will get that Economy Panel on track. Then the trump team pulling out the stops in the critical battleground of North Carolina. Will the tar heel state turn red. Well talk to pat mccrory ahead on sunday morning futures. The reopening of the email investigation is causing friction between the Justice Department and fbi this morning. Attorney general Loretta Lynch warning director comb y not to send a letter of intent to congress because it goes against longstanding policy of doj to avoid Public Disclosure of any investigation that could potentially impact elections. Hillary clinton making mention of that in a rally yesterday in florida. It is strange its pretty strange to put Something Like that out with such Little Information right before an election. In fact in fact, its not just strange, its unprecedented, and it is deeply troubling. Because voters deserve to get full and complete facts. But we now Loretta Lynch inserted herself months ago when she had a private meeting with bill clinton right before Hillary Clinton was to be interviewed by fbi. The judge, former attorney general under george w. Bush, he joins me right now. Judge, good to see you. Good to see you. Thanks for joining us. Your reaction to us first of all. The rule she cites about not mentioning something on the eve of election relates to ordinary corruption investigations where youre talking about a mayor or even a senator where you can continue the investigation after the election because you dont know what the outcome of it is going to be and bring a prosecution if necessary after someone takes office. This is not that kind of case, null one. Number two, this was preceded by a determination by of all people the fbi director, who its not his job to determine whether charges are going to be brought or not. Right away dealing with unusual situation. According to the reports i saw, he felt he was between a rock and a hard place, because if these emails came out after the election, he would be accused of suppressing them. So really they are for his own purpose and to preserve the good name of his agency he decided to disclose this now. In the letter to the congressional and committee heads, as well as in a letter to the fbi staff, by the way, jim comey writes he felt he needed to go to congress because he has been saying for so long recently that he closed the investigation. Obviously these new emails changes. He also testified to congress, he was asked a question, if you find any new information, will you reopen the investigation, so he felt compelled. Right. All of that said, i dont think anything is going to happen. By anything, i mean any criminal charges under this Justice Department as a result of this regardless of whats there. Tell me about that, though. When you look at the last few years, when you see the number of people who have actually been penalized for doing just what Hillary Clinton has done, lets look at general petraeus, lets look at mr. Cartwright, hes going to jail. He may go to jail. There are military people in jail now who does far less, who were dishonorably discharged for doing a lot less than she did. What do we know at this point of what could be found in the dems are saying, look, we want that information by monday. Is there any way were going to get a look at what specifically triggered this turn about . The report is somewhere in the vicinity of 10,000 possibly in the event, thousands of emails. Theres no way you can review all of those and disclose. If you disclose only part, and it turns out something you havent read yet bears on what you did disclose, that could make it worse. The likelihood were going to see it by election day is remote, number one. Number two, even if we did, its the Justice Department, headed by the attorney general, who serves at the pleasure of the president , who determines whher any charge gets brought, whether anything gets put before a grand jury even in the limited time we have. Shes already made it clear thats not happening. Reporting earlier this morning on fox news basically saying this came from the manhattan fbi investigators who were investigating Anthony Weiner, the husband of huma abedin for sexting an underaged child. Within that investigation, they found these emails. 10,000 emails incredible, by the way, that number. This can be anything from going against what Hillary Clinton may have said to congress and the fbi and to Actual National security secrets. We have no idea what these emails could reveal . None. And speculating about it is just that. Its speculation. Is there any chance that Anthony Weiner is trying to, you know, cop a plea, do a deal, some kind of deal with lawmakers saying, look, ill tell you what i know as huma abedins husband in terms of National Security information shared with me if you give me a deal with sexting underage children . I seriously doubt it. The fbi has the computer. Once they have the computer, they do the looking. Its not a question of Anthony Weiner saying ill tell you. Whats going to tell them is whats on the this they have. I wonder where the pressure for james comey came from . We know once new york agents looking at Anthony Weiner case and they trip over the emails, i guess the story got deeper within the fbi and agencies, there was nowhere to hide for jim comey. What was it that made him say even though repoLoretta Lynch, boss telling him not to get involved, he does. Once someone knows a fact, its no longer a secret. After, lets say she wins the election, she becomes president , where does this investigation go . We all know this is going to take months to take place . What does that mean if, in fact, shes the commander in chief . I think the investigation, if were talking about the inquiry in its broadest sense, goes to congress, because the Justice Department isnt going to pursue it. That much is clear. The only people who can pursue it are the congressional committees. The only way they will pursue it is if Congress Stays in the hands of the republicans. Of course, its in the hands of the republicans until theres a new congress. Ie, until january. If the election continues, either in the house or senate or both, you can figure congress will investigate. If Congress Turns over, the likelihood is they wont. This could have been also discussed on that plane. Youre a former attorney general. Loretta lynch is in that role right now. Shes got this private meeting with bill clinton. Days later we find out hillary said im going to keep Loretta Lynch as attorney general, should i become president . Its a little too close for comfort. I dont know what was discussed on the plane. The one thing you can say is there should be a member of the ag staff the meeting should never have taken place for starters. If it did take place, a member of the ag staff should be present. Thats the reason you have staff, witnessing. Have you ever seen someone with a staff taking notes between two highpowered officials. Asked if we could meet privately, the answer was no. When we sat down with staff present, i was very glad i said no. Good to see you. Judge Michael Mukasey joining us. Where does it go from here with 10 days before the election . Well talk, one received a letter from james comey. Let us know what youd like to hear, send me a tweet on hear, send me a tweet on twitter maria bartiromo. R with a healthy smile. Start yours with Philips Sonicare, the no. 1 choice of dentists. Compared to oralb 7000, Philips Sonicare flexcare platinum removes significantly more plaque. This is the sound of Sonic Technology cleaning deep between teeth. Hear the difference . Get healthier gums in just 2 weeks vs a manual toothbrush and experience an amazing feel of clean. Innovation and you. Philips sonicare. Save now when you buy Philips Sonicare. Republicans are praising the move by the fbi to further their investigation into the clinton emails, but democrats are not. Top Senate Democrats are demanding more information about the newly discovered emails mentioned in director comeys letter. They want to know what those details are by tomorrow. They are arguing the wording is too vague. In part comey says this. I agreed that the fbi should take appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information as well as to assess their importance to our investigation. Joining me right now california congressman darrell issa, house judiciary committee, also ron johnson, chairman of the Senate Homeland security and affairs committee. He was among those who received the letter from james comey. Gentlemen, good to see you. Thank you for joining us. Morning, maria. Mr. Johnson, you received the letter, your reaction to the letter and what jim comey was trying to tell you in that letter . First of all, im not praising jim comey. I think this investigation has been bungled from the start. To me its Pretty Simple, maria. Theres two statutes to governor here. Im going to leave out details. Anyone who willfully conceals, destroys any record of the United States shall be fined or imprisoned not more than three years and disqualified from holding any office in the un. This investigation, take a look at the immunity agreements. Weve been stonewalled every step of the way in terms of trying to find out exactly how those things came about. This investigation has seemed more designed not to uncover and prosecutor but, if anything, to cover up and exonerate. Im not one praising jim comey whatsoever. My guess is theres people inside the fbi thats pretty unhappy with them. What do you think is the trigger, senator, for him to change course and send this letter to congress . Because we know that Loretta Lynch tried to stop him from doing so. Then i want to ask you about this yahoo account. You are the chairman of the Senate Homeland security and Government Affairs committee and have you to have an opinion about the fact that Katherine Harris just reported huma abedin was basically sending her security emails to her yahoo account because she said it was easier to print them from her yahoo account. Who knows what she sent to that yahoo account. Let me get your take first on that. What do you think changed course here for jim comey . Again, i can only speculate maybe pressure inside the fbi. Now youre talking about mishandling of highly sensitive National Security information and thats exactly what secretary clinton did as well. The fact of the matter is we are not engaged in a Serious Investigation here. When take you a look, one of the things ive asked the state department is who else is on those email chains. Maria, we all know when you send an email, is that got to state. Gov classification email system or clintonemail. Com. President obama was emailing secretary clinton at clintonemail. Com. He had to know this reveals corruption at the highest levels of government. White house, state department, department of justice and fbi. Thats just the fact. This is such a simple case, its getting so complex with all these emails. Its actually pretty darn simple. Information was concealed. It was destroyed, mishandled. Theres Pretty Simple statutes. Im not a lawyer, im not a prosecutor, i look at this and its a cut and dried case. I think, senator, we do know the president did lie to the American People. He was in an interview and specifically asked, when did you learn secretary clinton was using a private email and private server which nobody has done, never have you seen somebody using a private server. He said i learned when everybody else learned. Now we know thats a lie. He was emailing. So were all kinds of people, highlevel officials inside this apartment were using that email account. You know it. If youre emailing gmail you know it. If you are emailing state. Gov you know it. I think this is coverup, corruption at the highest levels of government. It needs proper congressional oversight. The problem is were being stonewalled every step of the way. Look at the immunity agreements, mills and heather sanderson. They are outrageous. I want to ask you what your committee is planning to do about it in a second. Congressman issa, let me ask you, you have built your career trying to fight corruption. You wrote a book about it. Youve been trying to do this for years. Whats your reaction to what weve learned this weekend . I think if the American People understand that when i seb a letter years ago when Hillary Clinton was still secretary, specifically because we had discovered others were using private emails, so every cabinet officer received a request for are you using a private email server and how are you accounting under federal records act, at that point that letter pretty well put Hillary Clinton if she wasnt already on notice, on notice those records belong to the American People and they needed to be retained. If she had left a full copy, even if she had the private server, if she left a full and complete copy when she left the state department, she wouldnt be in this situation today. But very clearly she sought to avoid public scrutiny of her correspondence, both good and bad, and thats why shes in this position. So when shes complaining its only a few days before an election, its her own fault, including her most close confidant, huma abedin, who could have turned the information over and clearly debate meet the obligation even though they both were under subpoenas. Congressman, can anybody do anything about it . In the face of all of this youve got commander in chief basically giving out messages to people basically say she didnt do anything wrong. Keep moving forward. It starts at the top. He just called you out, the president did, just the other day on the campaign trail. Here is what he said about you, congressman issa, we have it on screen. Issas primary contribution to the United States congress has been to obstruct and waste taxpayer dollars on trumpedup investigations that have led nowhere. And this is now a guy who, because poll numbers are bad, has sent out brochures with my picture on them touting cooperation with me. Now, thats the definition of chutzpah. Thats what president obama said about you late last week, sir. He also said there hadnt been a single major scandal during his administration, so theres a little bit of inconsistency with the truth there. We know that without congress, and ron was my partner during my time as chairman of oversight, without the kind of scrutiny weve had, we wouldnt know about the gun running deal, fast and furious. We wouldnt have known the truth about benghazi. We certainly will still have irs targeting for belief. We have succeeded in shedding light on it. No question at all if ron and i are returned to congress, we have to make sure laws are in place that holds the president accountable, no matter which party hes in. Thats congresss role, one weve tried to do but more to be done. Real quick, senator johnson, are you going to do anything about this in terms of the letter you received . What can you do . Well continue to follow up. Donald trump said its time to drain the swamp. Hillary clinton, senator feingold, ive been running against senator feingold, they have been swamp creatures for years. They ought to be flushed down the swamp. Wow. Recently, a 1954 mercedesbenz grand prix race car made history when it sold for a record price of just under 30 million. And now, another mercedesbenz makes history selling at just over 30,000. And to think this one actually has a surroundsound stereo. The 2016 cla. Lease the cla250 for 299 a month at your local mercedesbenz dealer. Mercedesbenz. The best or nothing. When youre on hold, your business is on hold. Thats why comcast business doesnt leave you there. When you call, a Small Business expert will answer you in about 30 seconds. No annoying hold music. Just a real person, real fast. Whenever you need them. Great, thats what i said. So your business can get back to business. Sounds like my rides ready. Dont get stuck on hold. Reach an expert fast. Comcast business. Built for business. Welcome back. Now there are nine days left to go um America Votes on a new president. New polling out of North Carolina to share this morning. It shows Hillary Clinton is leading donald trump by sick points in the key battleground state of North Carolina. I want to point out the poll was taken before the new revelations about the fbi reopening its investigation into Hillary Clintons emails. Joining me right now is the governor of North Carolina, pat mccrory. Good to see. Thank you. We just showed the polls. Give me a sense of what people of North Carolina are looking for i