This is a rush transcript from "The Kelly File," November 7, 2016. This copy may not be in its final form and may be updated.
MEGYN KELLY, HOST: Breaking tonight, close to 19 months of nonstop campaigning, brutal political fights, raucous debates and an electorate that has found itself sometimes angry, sometimes disgusted and sometimes scared. Now finds itself ready to vote on this the eve of Election Day. It is officially the last night on the trail for Hillary Clinton and Donald Trump. As voters prepare to do their part and render their verdict as the polls close hours from now.
Welcome to “The Kelly File,” everybody. I'm Megyn Kelly. At this time tomorrow a number of polls will have opened and closed and we can already know some results in critical swing states. Tonight the candidates leaving nothing on the table, each working to the very last minute holding late- night events in key battleground states. Donald Trump is in New Hampshire and in Michigan, Hillary Clinton in Pennsylvania and North Carolina and if the final polls are any indication, this is good strategy because this race is indeed close.
While Hillary Clinton is leading nationally by nearly three percentage points in the Real Clear politics average of all polls, recent polls have shown a very tight race that is within the margin of error. In moments we'll discuss final strategy with Trump advisor Jason Miller and Clinton supporter Melissa Mark Viverito.
But we begin tonight with our chief political correspondent campaign Carl Cameron reporting tonight from Manchester, New Hampshire. Carl?
CARL CAMERON, FOX NEWS CHIEF POLITICAL CORRESPONDENT: Hi Megyn, from the Southern New Hampshire University arena here. Donald Trump has packed yet another house. For the last several days, all of his rallies have been in the 10,000 range, sometimes much larger. All in service of a bandwagon and momentum surge that he hopes will lead to victory tomorrow. He recognizes that some of the polls are very close, that Hillary Clinton has had a longer lead albeit within the margin of error than he has.
But there's a lot to be said for the last-minute momentum and whether it was an announcement almost two weeks ago now ObamaCare premiums were going up next year, to the first Comey memo, to the reopening of it, of the investigation into her email server, et cetera, and even the change of heart when the FBI director the other day said that no, they've looked at the new emails so that they're going to stick with their original conclusion. Trump has even turned that into a rally cry saying, well, if she's not going to get indicted, we'll have to give her justice at the polls tomorrow.
From here he's going to go to Michigan. New Hampshire is a blue state. He won the primary here during the nomination battle. But this is a state that's gone Democrat in the last couple of presidential elections and he'll go to Michigan next for what's likely to be close to a midnight rally. As an illustration of his need and attempts to kick off one or two big, big Democratic blue states. He needs Florida, he needed Michigan and he would like to get Pennsylvania. Here's a little bit more of Donald Trump now as he begins his remarks.
DONALD TRUMP, R-PRESIDENTIAL NOMINEE: Let me send one that's a little bit different. So I figured he was going to take all of the good things out, right? Like most gutless people do, gutless. But he's the opposite. He's the champ. So he sent me the new letter and it was much better. It was stronger. See, most people don't do that. Most people are the opposite. Oh gee, I don't want to get involved. This guy is a true champ. So he writes, Coach Belichick, congratulations on a tremendous campaign. You have dealt with an unbelievable, slanted and negative media and have come out beautifully.
KELLY: Donald Trump talking about the New England Patriots. Not a stupid thing to do in New Hampshire, so they tell me. And man, they are fighting to the very last minute tonight, as I said, leaving nothing to chance. According to the latest data, some 43 million Americans have already voted in this contest. I'm saying maybe we'll have 120 million Americans vote tomorrow, I mean, in total.
And that number could top 50 million when all is said and done. It's believe that this number, this early vote is driven in part by a soaring Latino vote which could bode well for Hillary Clinton. So, what does the Trump campaign make of that?
Jason Miller is the Trump campaign senior communications manager. Jason, great to see you.
JASON MILLER, TRUMP CAMPAIGN SENIOR COMMUNICATIONS MANAGER: Megyn, thanks for having me.
KELLY: What does this feel like for you? I mean, this is, this is it. You guys have -- you've given it your all. How does it feel tonight?
MILLER: It's exciting. I think tomorrow is going to be a special day and Mr. Trump has finished the campaign strong. He's been in five states each of the last three days, this barn burner, national tours, he's been going around and shaking hands and giving rally after rally. But we really feel that we've run the race that we've wanted to. We've closed this campaign out with energy and momentum.
And if you and I had sat here two weeks ago and said that we would be taking to all of the candidates going to Michigan and President Obama and former President Clinton going to Michigan, and this would be a ground zero in a deep blue state, you look at me like I was nuts. But this is how much Donald Trump has changed the map and this is where the enthusiasm is for his campaign. We think we're going to win tomorrow. We're excited.
KELLY: Walk us through why you believe that. Because you know, the national polling released today shows she's ahead in all of them. Five new national polls today, FOX has her up by four, Bloomberg Clinton up by three, ABC/WaPo, Clinton up by four. CBS Clinton up by four. Monmouth Clinton up by six. So, walk us through why, you know, and how he gets there.
MILLER: Well, there are other national polls including the L.A. Times.
KELLY: That's the only one.
MILLER: Well, investors' business daily which has Mr. Trump up by two. And that was found to be one of the top three most reliable polls in the last couple of cycles. So, that one is a very important as well. And there's some others that have it a little bit closer also. But if you look at the state by state break down, as we talked about those core battleground states of Florida, North Carolina, Ohio, Iowa, all states where our early and absentee vote total are ahead of the pace from where we were four years ago is a party and really have Mr. Trump positioned to do well. Plus --
KELLY: He's got to win -- just so the viewers know, he has to win those. I mean, he must win Florida and Ohio and North Carolina to get to 270.
MILLER: They're critical states, they're very important. But here is where the map has changed. So, there are also these blue states where Mr. Trump is making a strong play. We'll take the state of Colorado which is now all vote by mail, almost exclusively vote by mail. We went up by 80 votes more than the Democrats as far as ballots returned on Friday. Now you can tell if they're Republican ballots coming back or Democrat --
KELLY: So, that's the nine electoral votes. So, if you assume all of the Romney states and he gets to North Carolina, he wins Florida, he wins Ohio as well and he gets to 253. That's sort of what the analysts think he can get to 253 but he needs 17 more. Colorado is worth nine. Where does he get the remainder?
MILLER: We think we're very strong in Nevada. We can have a very good shot to win in Nevada.
KELLY: Really?
MILLER: Yes. We also think that --
KELLY: Jon Ralston, the journalist out there says he's done in Nevada. I mean, he's known for predicting that race.
MILLER: Well, respectfully we disagree and our models show that Mr. Trump is going to win in Nevada. You look at the state of New Hampshire where three out of last four polls have come out and show Mr. Trump in front. The fourth poll show them tied. Great energy and momentum there. Then we talk about Michigan and Pennsylvania.
KELLY: Uh-hm.
MILLER: Two states are --
KELLY: Those are the mother lode when it comes to the electoral votes.
MILLER: And those are great opportunities. But again, Mr. Trump is putting the states in play. They haven't been in play for Republican in years or even decades. This trade message, this message on the economy, taking on Washington, draining the swamp, you've seen it at the rallies. It's completely changed the landscape.
KELLY: Great to see you, Jason.
MILLER: Thank you, Megyn. We'll touch base after tomorrow.
As we mentioned, there is one traditionally blue state that Trump is hoping to flip perhaps more than any other. And with Hillary Clinton in Philadelphia right now, the last night before the election along with a star studded cast of supporters including Bruce Springsteen, there's a growing sense that Democrats may be concerned that Donald Trump could succeed there.
Mrs. Clinton and her supporter, her New York City Council Speaker Melissa Mark Viverito is here. But first we go to our Fox national security correspondent Jennifer Griffin following Clinton campaign with more from Philadelphia. Jennifer?
JENNIFER GRIFFIN, FOX NATIONAL SECURITY CORRESPONDENT: Good evening, Megyn. President Obama is speaking on stage behind me. Tens of thousands of people have turned out here in Philadelphia to hear Hillary Clinton and the President make their closing arguments. She chose to do this in front of Independence Hall, of course, where the founding fathers adopted the declaration of independence and constitution so long ago.
She will join the President on stage shortly from now. She turned to Michelle Obama the First Lady to help her make her closing argument. That closing argument, that a vote for Donald Trump poses a threat to the very Republic that was founded here in the city of brotherly love.
PRESIDENT BARACK OBAMA: I'm betting that tomorrow --
GRIFFIN: According to the Clinton campaign, Democratic volunteers in battleground states this weekend made contact with nearly 14.5 million voters knocking on 6.2 million doors and calling 8.1 million voters on the phone. Clinton made stops today in Pittsburgh, Michigan and after leaving Philadelphia tonight, she will be joined by Jon Bon Jovi on her plane for a midnight rally in North Carolina. Tomorrow she will cast her vote in Chappaqua near her home. And then she will wait for the returns to come in and hope to make history as the first woman president of the United States.
Back to you, Megyn.
KELLY: Jennifer, thank you.
Joining me now, New York City Council Speaker and Hillary Clinton supporter Melissa Mark-Viverito. Madam Speaker, great to see you. Thank you for being here.
MELISSA MARK-VIVERITO, NEW YORK CITY COUNCIL SPEAKER: Of course.
KELLY: So, let's pick up where Jason Miller left off which is of course, these national polls look good for her. But the Clinton camp does seem concerned about Pennsylvania and Michigan. Are they right to be?
MARK-VIVERITO: Well, I think that clearly if Florida is won, the game is over and that is where a lot of the focus -- I just came back from Central Florida last night and a level of energy and enthusiasm among the Latino voters is unbelievable. Hillary's vision of inclusion and really speaking to building an America that works for all is resonating. And to think that the Trump campaign that started off by denigrating Latinos, it will be Latinos that are going to bring him down. His campaign down.
KELLY: But just more of that perspective to that because I did look at that because we reported last night about the surge and Latino voting in Florida.
MARK-VIVERITO: Particularly the Puerto-Rican vote. Yes.
KELLY: So, Hispanics up 86.9 percent in the early vote. I mean, they're coming to the polls like they never have before. But the white vote which is only up 27 percent from the last time around, that translates -- the Hispanic vote translate to 450,000, the white vote is up 900,000. And it's not that Donald Trump is going to win every single White vote but the conventional wisdom is that that will help him. So, does that really tell us anything other than what the polls are saying which is that raises neck and neck?
MARK-VIVERITO: No. And also Democrats have, in terms of the early votes, have the lead on Republicans. But the historic numbers with, not only in Florida, in Colorado, in Nevada, in areas where Latinos are lacking to the votes, it's critical. These are instrumental states. But I believe based on the enthusiasm that I see, the record numbers that I see, the Latinos are going to make the difference in this campaign and it is in Central Florida where we have seen that explosion happen. And it's the growth of the Puerto Rican community in that state that is really making the difference there.
KELLY: Okay. So, if Trump does manages to hold on to Florida, he's looking good in Ohio, he's been behind in North Carolina but let's say he manages to win North Carolina and Florida. If he could get Pennsylvania, he wins. I mean, he could win. So the question to you is whether the Clinton camp has reason to worry there since there are polls showing Trump within three, within that state which hasn't gone Republican in decades.
MARK-VIVERITO: I don't believe so. Again, I think that the level of energy of the voters coming out is very favorable to the Democrats and I've seen that in the states that I've visited and also by what we're seeing. So, I don't think the polls, she leads in all of them. But in some cases it may even be a wider margin that what it's projecting. So, as a muheed (ph), as a woman, as a Latina, I believe in the vision that Hillary is talking about, which is an inclusive vision where my voice and the voice of others like me are going to be at the decision making table as oppose to a candidate that wants to build this walls.
It is the Latino vote that is going to be decisive without a doubt. And I think that the record numbers that we're seeing, we saw in Nevada the last couple of days with the Latinos voting is unbelievable. So, I'm really looking forward to tomorrow night at the --
KELLY: What do you make of the, you know, there's a narrative that she lacks enthusiasm, that she's got to bring Beyonce out to the rallies, she's got to bring Bruce Springsteen, otherwise, she can't fill the arena like Trump as you know can. And that Democrats, even we heard from President Obama today and Mrs. Obama that, you know, you might not love your choice but it's better than the other choice. I'm paraphrasing.
MARK-VIVERITO: I don't think that's the message that we're hearing at all. I mean, if you heard Obama today, I was listening to it live, and I was at the stadium last night when he spoke in Florida, you know, he talks about his personal experience with Hillary, how committed she is to this country. How committed she is to building --
KELLY: But are you suggesting that Democrats are as enthusiastic this time around as they were for President Obama?
MARK-VIVERITO: No. I believe there is a level of enthusiasm. When you think this woman is the most vetted candidate in the history -- the level of attacks. I was here last week. And I clearly said that there was no there there in regards who what Comey was indicating. And clearly that has been proven to be true.
KELLY: Yes. But she's still under FBI -- I mean, they're still looking into her. Clinton Foundation and --
MARK-VIVERITO: All of the attacks over the years have proven to nothing and I think that people see beyond that right now and are feeling that these are personal attacks.
KELLY: Just for the record, Madam Speaker they didn't prove anything. They didn't amount to criminal charges. But FBI Director Comey was out there saying she lied, that she has lied repeatedly.
MARK-VIVERITO: FBI has clearly said that there is no further work or investigation --
KELLY: I already gave you that point. I'm making another point. Why aren't you responding to that point?
MARK-VIVERITO: Which is?
KELLY: The FBI director called her a liar. He went through one after the other the number of times he lied.
MARK-VIVERITO: Megyn, you can tell me here that everybody is going to speak truthfully 100 percent, then you know, I've got a bridge to sale.
KELLY: When it comes to matters of national security and maintaining our classified documents as a Secretary of State, they should.
MARK-VIVERITO: That is what Trump is doing, is diversion tactics. He continues to really deflect --
KELLY: This is relevant to the American people. The polls show they care about this.
MARK-VIVERITO: Right. But it's not proven to be the case when you look at the record numbers that are coming out --
KELLY: Maybe it doesn't change their vote. Maybe it doesn't change their vote.
MARK-VIVERITO: And their level of enthusiasm for the nation and the country she wants to build which includes diverse voices. All of the people that you saw that have come out to support, Hillary, when you look at the wide array of individuals, it reflects a beautiful diversity mosaic that is this country. That is not what Donald Trump is presenting.
(INAUDIBLE)
KELLY: Great to see you. Thanks for being here.
MARK-VIVERITO: Thank you.
KELLY: Well, tonight we're just hours away from polls opening across America. And the FOX News Decision Desk has made the last set of changes to their Electoral College map. We'll break it down with America's top election analysts.
Chris Stirewalt, Tom Bevan and Larry Sabato all here with final projections.
Plus, a glimpse into what a Donald Trump or Hillary Clinton presidency might look like with former White House insiders Marc Thiessen and Bill Burton.
And then we've got Governor Mike Huckabee and Dr. Ben Carson. They're here. They're going to team up for an unforgettable look at the wildest moments of 2016. Don't miss this. You'll love this.
You may recall her campaign has insisted for days, that her series of campaign trail coughing fits were nothing more than seasonal allergies. That was until she attended the 9/11 memorial yesterday and a now viral video showed her collapsing as she left.
(COMMERCIAL BREAK)
KELLY: Last day. This is it. We are just hours away now from the polling places opening nationwide. And FOX News' Decision Desk has made its final set of pre-election day predictions. Five changes today, four in Trump's favor, one in Clinton's. Leaving us with four toss-ups still too close to call. Tonight three of the nations most respected poll experts are here with us, Chris Stirewalt, Tom Bevan and Larry Sabato.
But first we turn to Trace Gallagher live in our New York studio for the latest update. Trace?
TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Megyn, you talk about a true tossup. In the last few hours, the Real Clear Politics average of polls in Florida has flipped. It went from Hillary Clinton leading by two-tenths of a point to Donald Trump now leading by two-tenths of a point. And we could know by early tomorrow evening how Florida is trending because more than 65 percent of likely voters there have already cast their ballot which means the remaining votes should be counted fairly quickly.
If Trump holds Florida it could be a very long night and the Trump campaign will start looking at the northern tossup states beginning with North Carolina where the RCP average has also just changed trimming Trump's lead from a point and a half to one point. Three million North Carolina voters cast early ballots. But what's notable is that compared to 2012, fewer Democrats voted early, more Republicans voted early. But what's messing up the pollsters is that 42 percent more Independents also voted early.
So if Clinton loses North Carolina, she still has the path to 270 but it gets interesting. Donald Trump's narrow path to 270 runs right through New Hampshire where Hillary now holds a razor thin advantage and both campaigns are all making huge last-minute runs. New Hampshire only has four electoral votes. But if Al Gore had won them in 2000, he would have been the 43rd president.
Finally the state of Maine split its electoral votes two for the statewide winner, one each for the Congressional districts. Hillary is leading overall but in the rugged world north of Maine, some voters who feel kind of left out might give Trump one extra electoral vote.
KELLY: Amazing how hard he has worked that one Congressional district she has too. Trace, good to see you.
Joining us now, Chris Stirewalt, our Fox News digital politics editor. Tom Bevan, co-founder and publisher of RealClearPolitics.com. And Dr. Larry Sabato is the director of UVA Center for Politics.
Great to see you all. Let me start with the gentlemen on the set. So, Nate Silver, who's been wrong a lot this election, I'm sorry, he has. FiveThirtyEight --
CHRIS STIREWALT, CO-HOST, "PERINO & STIREWALT: I'LL TELL YOU WHAT": He nailed it one thing but real good.
KELLY: He nailed it four years ago but he was a hot mess during the primary season.
(LAUGHTER)
KELLY: But he says Hillary has a 70 percent chance of winning. Do you agree with that, Tom?
TOM BEVAN, CO-FOUNDER, REALCLEARPOLITICS: Roughly.
KELLY: Could you expand on that?
BEVAN: Look, I think Hillary has the advantage. Certainly we just talked about Trump has a narrow path. He's going to have to do certain states, hold certain states and perhaps pick off maybe upsets in another state. And so I think she's got the advantage. And roughly, yes, I would say 30 percent.
KELLY: Do you agree with what Jason Miller was saying about Colorado looking very much in play for the Trump campaign?
STIREWALT: Not particularly. But we need to be careful when we look at all of these early voting data as Trace was pointing out. We don't know. We can guess based on the count counties that they're coming from, the zip codes that they're being mailed in from, we can extrapolate a lot of stuff out this. But here is something that happens every year now. Every cycle more people vote earlier. This year, at least 40 percent of all the ballots cast in the United States are going to be cast -- have already been cast.
KELLY: Uh-hm.
STIREWALT: Forty percent of the election is already over and in some states it's much higher. So, every year we have to bear in mind that that level goes up and so it's harder to extrapolate past results into the future.
KELLY: Dr. Larry Sabato, you are also predicting, because you don't pull your punches, you always give us a prediction before these presidential races and you are saying it's going to be Hillary Clinton. You say it's going to be Clinton 322 electoral votes, Trump 216. You say that it will be a 50/50 tie in the Senate which if we have a President Clinton means the Democrats control it. Why? Why can't you see the scenario where Trump wins North Carolina, Ohio, Florida and then flips Pennsylvania, which would do it for him, or Michigan plus one other?
DR. LARRY SABATO, POLITICAL ANALYST: Well, Megyn, I can see it. It's pretty plain on the map.
KELLY: Why don't you believe it?
(LAUGHTER)
SABATO: I don't think it's likely. I really don't. Now, by the way, I want to reinforce what Chris just said about the early voting statistics. I've seen these things misused for years and it's getting worse rather than better. People are claiming to see things they can't possibly see just in the data for early voting.
KELLY: Uh-hm.
SABATO: But Megyn, it goes way beyond that. You know, we now have hundreds of polls in the key battleground states and nationally as well. We've got a good sense of how this has gone. We've been through the scenarios about the hidden Trump vote and some people claim there's a hidden Hillary vote. I don't think much have been said on either side. I think the odds are very good that Hillary Clinton will be elected president. You can argue about the exact number of electoral votes. God only knows it could be lower than our projection, it could be higher. But with 322 basically Clinton can lose some of her key states and still win.
KELLY: Okay. But let me ask you this. Let me ask you this.
SABATO: Donald Trump has to carry everything.
KELLY: Let me ask you this, Larry. What -- tomorrow night if you're wrong, if Trump is managing to turn the tables and actually eke out a victory here, what will be the first signs of that in your view? What do you think are the most vulnerable states for her that he might check off?
SABATO: Well, at the top of the list will be North Carolina. That's one that we really struggled over. I think it's extremely close. Second of course would be Florida because it's 29 electoral votes. And if he doesn't carry that, Trump has no chance.
KELLY: Okay.
SABATO: New Hampshire you would add. Okay? You look at the East Coast, right, because we're going to learn pretty much what's going on from there first.
KELLY: I like that because we'll no early.
SABATO: Another state that will close early is Indiana. And there's a hot Senate race there. And, you know, Trump is ahead in the polls, it's not like he's going to lose that state. But you know, if he over performs his polls by five percent or more, then you could say, well, guess what, the Trump voters are showing up to the polls and that might argue well for him in some of these other states.
STIREWALT: You think he got five points of over performance, you'd think he's got go go juice in there?
KELLY: Well, that's an example. But what would be the signs that you would look for early. I mean, you're going to get the exit poll results early on in that 5:00 hour --
STIREWALT: Oh, yes.
KELLY: You're going to tell me --
STIREWALT: Right.
KELLY: We're going to come out here and say it like this.
STIREWALT: Right.
KELLY: I'm thinking with my eyes.
(CROSSTALK)
But really, what will you see in there if Trump is headed toward a victory?
STIREWALT: So, basically it is, for Donald Trump to win, he needs an army of older white voters to basically storm the polls. That's why Michigan is as close as it is. And as a matter of fact I think that Trump has a better shot in Michigan than he does in Pennsylvania because there are these voters there. When we look at places, not just Macomb County but Saginaw County and the places just North of Detroit, there are tons of those voters there and that's what he needs.
KELLY: Uh-hm. Ten electoral votes in Michigan.
STIREWALT: Big time. Big league.
KELLY: Uh-hm. Great to see you all.
STIREWALT: Yes, ma'am.
KELLY: Well for months we have heard Republicans warning about the election and the future of the U.S. Supreme Court. Judge Andrew Napolitano is next on tomorrow's vote and what it means for the Supreme Court of the United States.
Plus, former White House insiders Marc Thiessen and Bill Burton weigh in on what the future holds for a President Trump or a President Clinton. And then we'll ask about the closing message from President Obama. Don't go away.
(COMMERCIAL BREAK)
UNIDENTIFIED MALE: From the world headquarters of Fox News, it is “The Kelly File” with Megyn Kelly.
KELLY: Look at that beautiful exterior shot of the Fox News channel. Those are our new studios that we're broadcasting from right now. You are zooming in on where we are. This is where we'll be on election night, Bret Baier and yours truly along with all the cast and characters that you come in and love, hopefully here in the Fox News channel, all night long for you tomorrow beginning around 5:00.
And just about 24 hours from right now. We may be a whole lot closer to knowing who the next president will be. But the future of the Supreme Court will still hang in the balance. Nearly eight months ago president Obama nominated Judge Merrick Garland to replace the late Supreme Court Justice Antonin Scalia. The senate has not yet held hearings on Judge Garland's nomination but that may change after tomorrow. Judge Andrew Napolitano is Fox News Senior judicial analyst, he is here with Fox. Ok, so if Hillary wins and the Democrats take control of the senate, the Republicans had a very short win though, even though they said they should not do it and they would not do it and the Supreme Court replaces should be on the next president, they are hoping to be a Republican. Do you think they are likely to try to confirm Merrick Garland?
ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: Right. I do, I think they will, because Judge Merrick Garland is the most conservative nominee to the Supreme Court by a Democratic president since 1941, when FDR nominated Bob Jackson as his Attorney General.
KELLY: And he is in his 60s.
NAPOLITANO: Correct. And they would ordinarily in ordinary times, not the divisive times that we have today, embrace him as being partially one of theirs. I read every opinion he authored in which the government was a party. And some of the most conservative members of the senate who happened to be lawyers would have signed on to those opinions had they been in the courtroom.
KELLY: I've been saying for months, Judge that the Republicans should be so lucky, as to get a Merrick Garland in the Supreme Court. But there's a question something, politically if Merrick Garland is no Antonin Scalia.
NAPOLITANO: Correct.
KELLY: And so if they do that and the first, you know opinion Merrick Garland joins that, you know sidings with the libs, people go nuts on the Republicans and vote them out of the office. The other side is what if the Republicans retain control of the upper chain.
NAPOLITANO: And Mrs. Clinton is elected.
KELLY: And they say forget Merrick Garland, let see who she nominates and nobody is getting a vote.
NAPOLITANO: They would do. They would do a tremendous disservice to the court, to the judiciary and ultimately to their own control of the senate. In 2018, two year from now, the Republicans will have to defend 27 out of 34 seats. They would be clobbered I think by an electorate for having crippled the Supreme Court which is basically evenly divided, four conservatives, four progressives. Occasionally one of those conservatives is Justice Kennedy, side with progressives on social issues. He doesn't on issues of the world of federal government and federalism.
KELLY: This is a crazy thing though, these are the stakes tomorrow. If the next Supreme Court justice is nominated by a Democrat, keep in mind Ruth Bader Ginsburg a liberal is 73. Even Baier is liberal at 78.
NAPOLITANO: Right.
KELLY: It would be the first time since 1969 that five justices on the high court would be Democratic appointees. So that is amazing.
NAPOLITANO: President Obama's successor will have more of an opportunity to shape the court than any president since Richard Nixon, 69 who had more of an opportunity than any President since FDR, who was in the White House for 12 years. It's just the coincidence of when people age. The two that are up there, Justice Anthony Kennedy is 80. Same age as Justice Scalia was when he passes away.
KELLY: How weird to be a Supreme Court justice and have all of these people speculating about what when you're going to die.
NAPOLITANO: It's terrible.
KELLY: So you will die soon and then.
NAPOLITANO: I didn't say die. They just may want a more relaxed life.
KELLY: Good to see you, though.
NAPOLITANO: Am I one of those characters that will go on with you tomorrow night?
KELLY: You've got my nomination that is why I want to send you.
NAPOLITANO: God love you.
KELLY: Well, President Obama continues his push for Hillary Clinton in the final hours of this race. Recently sitting down for an interview with Al Sharpton and offering this push to get people out to those polls. Watch.
(BEGIN VIDEO CLIP)
OBAMA: You know, not everything supposed to be inspiring, sometimes you just do what you have to do and one of the things you got to do right now is to make sure to vote for Hillary Clinton.
(END VIDEO CLIP)
KELLY: Joining us now, Bill Burton, the former Deputy White House Press Secretary for President Obama and also with us Marc Thiessen, American Enterprising Scholar and Fox News contributor.
Bill, let me start with you. Let's just start broadly right now and then we'll get the President Obama and the lack of inspiration. Where are we? We've been talking to you now for two years about this election. Describe where we are right now.
BILL BURTON, FORMER DEPUTY WHITE HOUSE PRESS SECRETARY: We're at the end and we're at the end of what has been a long race where Hillary Clinton has put together a pretty good advantage going into Election Day. I remember this day back in 2008 when President Obama, then Senator Obama went and gave his final rally. And you know there are a lot of folks who are really tired and ready to move on. That is just the America people. And so I think that we're a country that is shown itself to be pretty divided and victim to some pretty divisive rhetoric. And the job for the next president is going to be pretty tall in order to stuff some of the emotions back down and get some things done in Washington.
KELLY: And the question tomorrow night will be, regardless of who wins, Marc, whether he or she has any sort of a mandate to govern.
MARC THIESSEN, AMERICAN ENTERPRISING SCHOLAR AND FOX NEWS CONTRIBUTOR: Yeah. It's really a tricky situation, because if you think about it, Donald Trump is right when he says he is leading a movement. We don't know if it's a majoritarian movement or an angry minority. And yet we'll find out tomorrow night, but he is leading a movement. Hillary Clinton is not leading a movement.
KELLY: Hence the Barack Obama quotes?
THIESSEN: Exactly.
KELLY: Not everything has to be inspirational.
THIESSEN: Eat your vegetables. We don't have to be inspired by everybody. So, I mean there was a WikiLeaks email today that just came out, Clinton campaign email they say what is the overarching vision that drives HRC's campaign. Even they don't know what is the driving vision and if they don't know, how are the American people supposed to know?
If we go outside in this studio, this beautiful new studio that you have here and ask just a random person on the street, what does Donald Trump stand for? They would say build a wall, bring back jobs from Mexico, make America great again. If you ask them, what does Hillary Clinton stand for? They will say she is not Donald Trump. If you don't have -- if you're not campaigning on an agenda other than I'm not him, you don't really have a mandate going in to after the election.
KELLY: You know but the thing is though, even though Hillary Clinton is ahead in this National polls and she is favored to win, you know according to (inaudible) another poll watchers who we respect. Anything can happen we know that, but boy he has led a movement and the anger among, you know so many of his supporters in Washington and how they feel they've been left behind is real. And if she becomes president she is going to have to deal with it.
THIESSEN: Well I think she definitely is going to have to deal with a large number of Americans who do feel like, politics is different now. It's not right versus left the way it is used to be. It is really about people versus powerful. And for her to come in and be able to tap into that energy and harness that towards some progress, you know in Washington, there's going to be a lot of interesting Republican Party to try to stop her from doing anything at all.
And I think that is going too rubbed up against the interest that this broad swap that people, a lot of them, even in Donald Trump's -- who are supporters of Donald Trump who just want to see Washington do something for people who feel like they don't have a shot right now. The people, who actually do feel like the system is rigged. Those folks are looking for action, not just, you know, more gridlock.
KELLY: I'll give you the last word.
BURTON: Just, look. If you go out and look at what kind of a mandate Hillary Clinton is going to have. 67 percent of Americans say he is dishonest, 56 percent think she should be in jail, 60 percent are scared or concerned about what she does if she is elected. That is not a mandate.
KELLY: Marc, great to see you.
THIESSEN: Thanks.
KELLY: Bill, you as well. Tomorrow at this time we're wall-to-wall results. So tonight we're going to take a look at the key moments that got us here with Former Republican Presidential Governor Mike Huckabee and Dr. Ben Carson in what will surely be the segment of the night. Don't miss it.
(BEGIN VIDEO CLIP)
DONALD TRUMP, R-PRESIDENTIAL NOMINEE: I humbly and gratefully accept your nomination for the presidency of the United States.
(APPLAUSE)
(CHEERS)
(END VIDEO CLIP)
(COMMERCIAL BREAK)
KELLY: Well it sometimes feels like we've said it a million times. 2016 has truly been unlike any political race we've ever covered before. And here's a little reminder of why. Watch.
(BEGIN VIDEO CLIP)
TRUMP: When Mexico sends its people, they're not sending their best. They're bringing drugs. They're bringing crime, their rapists.
KELLY: You call women you don't like fat pigs, dog, slobs and disgusting animals. Your Twitter account --
TRUMP: Only Rosie O'Donnell.
KELLY: For the record it was well beyond Rosie O'Donnell.
TRUMP: Yes.
CLINTON: I shouldn't use two accounts, one for personal and one for work related emails. That was a mistake. I'm sorry about that.
TRUMP: If I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn't lose any voters. Ok. It's like incredible.
JAMES COMEY, FBI DIRECTOR: We cannot find a case that would support bringing criminal charges on these facts.
TRUMP: I humbly and gratefully accept your nomination for the presidency of the United States.
CLINTON: I accept your nomination for president of the United States.
KELLY: Do you believe the information in your possession could be a game changer in the U.S. election?
JULIAN ASSANGE, WIKILEAKS FOUNDER: I think it's significant.
KELLY: She attended the 9/11 memorial yesterday and now a viral video showed her collapsing as she left.
TRUMP: You know I’m automatically attracted to beautiful women. I just started kissing them like a magnet. I don’t even wait. And when you're a star they let you do it. You can do anything.
BILLY BUSH, FORMER HOST, “ACCESS HOLLYWOOD”: Whatever you want?
TRUMP: Grab them by the (BEEP). Do any of that.
KELLY: Where did you get it?
DONNA BRAZILE, INTERIM DNC CHAIRWOMAN: You know, as a Christian woman I understand persecution. You are so interested and talking about.
KELLY: So you deny it?
KELLY: FBI Director James Comey announcing this afternoon that the bureau is done. They're done reviewing that massive trove of new Clinton emails and they have found nothing, he says.
(END VIDEO CLIP)
KELLY: Well, joining us now, two former presidential hopefuls, Governor Mike Huckabee and Dr. Ben Carson, great to see you both. Let me start with you Governor here on set, when you look back, what are you going to remember most about this election?
MIKE HUCKABEE, FORMER PRESIDENTIAL CANDIDATE, TRUMP SUPPORTER: Losing. That is what I'm going to remember the most. I mean, that you know, I'm going to remember what a disruptive election it has been. But it has been a game changing election in which the people of America have stood up and spoken up saying enough, we're sick of the institutions, they've failed us, the financial, the media institutions, government has failed us and we're tired of it. And you know what, I think in that many ways the people are exactly right. They feel like that pigeons overhead have come and done their duty all over their heads and this time they are going to shoot some pigeons tomorrow. I still believe Donald Trump wins.
KELLY: I want to get you to that. Because I know you believe in the hidden Trump vote. Dr. Carson, let me ask you, when you look back what do you remember most about the past 16 months?
BEN CARSON, FORMER PRESIDENTIAL CANDIDATE, TRUMP SUPPORTER: Well, I remember that I came to understand the level of corruption that exists within our system. I knew it was corrupt before, but throughout every aspect of it, I didn't expect that. And particularly the collusion with the media, but the thing that I remember the most are the people all over this country in those smallest hamlets to the largest cities. The people themselves have a great deal of wisdom and a great deal of concern about what's going on and they're depending on somebody to fix it.
KELLY: It's incredible. Dr. Carson told the story about meeting some of the people he operated on and he took out half of somebody's brain and then met that person, years later and the guy was walking around with half a brain and had just graduated from college. Is that the story?
CARSON: Number one in his class, absolutely, with half of a brain, pretty amazing story.
KELLY: It's unbelievable. I want to ask Governor Huckabee about the hidden Trump vote. You do not believe the pollsters. Explain.
HUCKABEE: Well I think that there are an enormous number of Americans who do not want to say they're voting for Trump, because they know they will be called a racist the bigger the (inaudible) and nobody likes to call names unless they're in the political arena and they get used to it.
So I think that you are going to see a lot of people, the silent majority speak. I could be wrong and I could be real wrong if I am I'm going to be wrong in a colossal way. But Donald Trump has touch a nerve and part of this, he went to the podium and said into a microphone what people were saying in a coffee shop when they leaned in closely and talked to their close friends. I do think that there's an extraordinary sense of connection to Donald Trump for a lot of those people?
KELLY: Do you think that is true, Dr. Carson? You believe in this hidden Trump voter. We've got reputable pollsters saying there isn't any evidence of it.
CARSON: I think there is that element. But I also think there will be a lot of Democrats who are going to be voting for Donald Trump. I see them all of the time. I get on the airplane and people come up to me say, I'm a Democrat but I'm voting for Trump. You know they have standards too and they're not necessarily accepting of corruption in government just because they're Democrats.
KELLY: Well, listen. I can say as the host of "The Kelly File" it's been a pleasure having both of you guys on the show over the past couple of years, to speak about your campaigns, the launch, the highs and the lows, and both class acts, great to see you both tonight.
CARSON: Thank you.
HUCKABEE: Thank you.
KELLY: Of course we saved the best for last and that is next.
(COMMERCIAL BREAK)
KELLY: And now the 2016 campaign moment that captured our attention if just for a little while. Trace Gallagher has got that report live, TG?
GALLAGHER: By this time tomorrow night Megyn, she could be the president. But in April 2015 one day after announcing her candidacy, Hillary Clinton went completely unnoticed at a chipotle restaurant in Ohio. In fact to prove Clinton was actually there, the manager had to pull out surveillance tape.
What about Kim Davis, the Kentucky County clerk who defied a Supreme Court ruling by refusing to issue same-sex marriage licenses. She spent five days behind bars before being escorted by the man you saw earlier Governor Mike Huckabee.
In January of this year, the three of young girls called the USA freedom kids performed a pro-Trump song and dance in his rally in Pensacola. The girls went viral, but the story soured when the father of one of the girls sued the Trump campaign for promising the girls another performance and then backing out. And don't forget about the child Trump pulled on stage during the rally in Pennsylvania who the web quickly dubbed mini Trump.
And then there's good old Ken Bone, the undecided voter who ask a question during the second Presidential Debate in October his name outfit and TV interviews made him an internet sensation leading to appearances on late night talk shows and a parody of SNL. Ken Bone also offended a few people with later comments, but now has more than 250,000 twitter followers.
KELLY: And was a big Halloween costume this year. TG, thank you, kind sir and we'll be right back. Don't go away.
(COMMERCIAL BREAK)
KELLY: A final word before we go. We have appreciated all of you staying with us throughout this election season. It has been a rough, great, weird, cool, fun, terrible, incredible year. And we are so grateful that throughout it all you stuck with us making "The Kelly File" number one. We're the number one show in all of cable news in the key demo for the third quarter and again in the month of October. And we are grateful to you.
And speaking of tough great confounding times, some of our past year together is documented in my new book "Settle for More" which comes out on November 15, a week from tomorrow. The book is mostly about how I improved my life. I was once very unhappy but I resolved to settle for more and it's got tips on how you can do the same if you find yourself struggling in your own life, personally or professionally. Amazon.com, BarnesandNoble.com, “Settle for More.” We'll see you tomorrow on a very big day.
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