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Investigation. this document was key in comey making that fateful decision. >> the question is was it because we learned about that from "the new york times" report in late april. but what our reporting found was that in august they were aware -- by august at least, they were aware that the intelligence value of it was unreliable. so in easterrly july, did they believe it was reliable and that was influenced their decision as it was prernlted in "the new york times" article, or was this just explains as a decision making factor to us later on because, again, the public only became aware of it ...

Effort and what it means to americans. >> we will help them rebuild and carry on with the spirit that says no matter how bad a storm gets, no matter how tough times get, we're in this together. we rise and fall as one nation and one people. >> let's bring in our mega panel tonight. i'm joined by richard wolffe, editor of msnbc.com also howard fineman, editorial director of "huffington post," and eugene robinson, analyst and "washington post" columnist. i am a man of truth. i admit that the knowledge weighs heavy on this side of the table tonight. gentlemen, everybody wants to know what's going...

Weighs heavy on this side of the table tonight. gentlemen, everybody wants to know what's going to happen. but i want to go back to what chris christie is saying. richard, how much is this storm played into the decision-making factor for voters? >> i think it has had a significant impact -- for that sliver that needs to break late in the election. one or two-point race, that can make a difference just as much as the ground game can. is it close enough that any side can be right? yeah. there's been a few polls that all point to run result. still a close election, but if you had to bet your mone...

Heavy on this side of the table. gentlemen, everybody wants to know what's going to happen. but i want to go back to what chris christie is saying. richard, how much is this storm played into the decision-making factor for voters? >> i think it has had a significant impact -- for that sliver that needs to break late in the election. one or two-point race, that can make a difference just as much as the ground game can. is it close enough that any side can be right? yeah. there's been a few polls that all point to run result. still a close election, but if you had to bet your money, it seems at ...

We'll talk to somebody who knows. judge napolitano, good morning to you. >> i never have seen one like this and couldn't find anything like it in researching federal court decisions. >> gretchen: when i read the story as a news reader. i questioned the validdity of it, it seems like in 2012 we are going back 50 years to discuss race-based education. >> it does seem that way. the generall rule of thumb the government can't ruse race in the decision making factor. >> steve: judge, look at the controversial suggestion and proposal. by year 2018. 90 percent of the asian students should be proficie...