On defense, Clinton camp shifts focus to FBI’s Comey ... Bayh faces more schedule scrutiny ... Trump flip-flopped on whether he voted for Bush

CNN Politics:  Nightcap
October 31, 2016   |   by Eric Bradner

Democratic strategy: Make this about Comey -- not Clinton

First, here's the latest on the FBI's look into whether newly discovered emails are related to its investigation into Hillary Clinton's private server: The initial work of cataloging top Clinton aide Huma Abedin's emails found on her estranged husband Anthony Weiner's laptop could be done in the next few days, US law enforcement officials told CNN. But the investigators are expected to spend more time doing other work, including likely working with other federal agencies to determine what -- if any -- classified materials are in the emails. This makes it unlikely there will be a resolution prior to the election.

The investigators are using software comparable to a specialized search engine at FBI facilities in Quantico, Virginia, to try to isolate emails on Weiner's computer that could be pertinent to the Clinton email-server investigation, the law enforcement officials said. Some of that work was done earlier this month when agents conducting the Weiner investigation stumbled onto the Abedin emails. After that work is done, investigators will examine the emails they believe are relevant to the Clinton investigation to see if they contain classified information and, if so, whether the individuals who sent or received the emails knew the information was classified.

Now, the political implications...

How Clinton's campaign is responding: By shifting the focus in a bid to muddy headlines. Democrats are trying to make this a story about FBI Director James Comey -- not about Clinton herself. On a call this evening, press secretary Brian Fallon accused Comey of "narrating a play-by-play" by revealing the new info to Congress on Friday, and campaign manager Robby Mook said Comey's revelation is a "blatant double-standard" -- citing a CNBC report (which CNN has not independently confirmed) that Comey didn't want to point a finger at Russia over hacking this close to the election and has held back information on Donald Trump's ties to Russia as he called Comey's actions "nothing short of jaw-dropping." 

Helping make Clinton's case are former attorneys general -- including Republican Alberto Gonzales, who told CNN's John Berman and Kate Bolduan today that Comey made an "error in judgment" by notifying Congress. "You don't comment on investigations because commenting on the investigation may jeopardize the investigation. And that's the box that he's put himself in, because people are now calling for more information -- for release of the emails," he said.

Trump weighed in during a rally in Michigan, flipping Clinton's argument that Trump is no role model against her by saying: "I have a son named Barron, and I want to tell you, she is a terrible example for my son and for the children in this country."

STRAIGHT UP

BUZZING

Why is Donald Trump campaigning in Michigan today and Wisconsin tomorrow? Because winning every single yellow -- or toss-up -- state on that map only gets him to 266 electoral votes -- four short of the 270 he needs to win the presidency. 

Trump's campaign is poking and prodding blue states in hopes that one will swing his way at the last minute. New Hampshire long looked like his best bet -- but a new University of New Hampshire/WMUR poll shows Clinton ahead, 46% to 39%, there. Pennsylvania is where Trump has invested the most time and energy, but that state hasn't budged either. Now, Trump appears to hope Michigan or Wisconsin -- or even Colorado or New Mexico, which he visited over the weekend -- will prove more movable. 

As for the race overall -- CNN's Poll of Polls has it at Clinton 47%, Trump 42%.

BAR TALK

Down-ballot drama: Bayh faces more schedule scrutiny

Former Sen. Evan Bayh, a Democrat running to win back his seat, has repeatedly called Washington broken. But he appears to know full well how to work the Washington system, CNN's Manu Raju reports. His internal 2009 schedule -- obtained by CNN -- shows how he maneuvered behind the scenes during one of the most consequential periods of legislating on Capitol Hill. At times, his own campaign fundraiser was sitting in on his meetings with donors in his official Senate office, the schedule says. 

A one-two punch for Bayh: A Monmouth Poll out today shows his race with Republican Todd Young tied at 45% apiece -- the latest evidence that what Democrats hoped would be a sure-fire pickup is trending in the wrong direction for Bayh. (Helping Young: Donald Trump leads Hillary Clinton, 50% to 39%, in Indiana, per Monmouth.)

Other news from down-ballot races...

NC-Sen: Endangered Republican Sen. Richard Burr's campaign is refusing to provide details of his schedule to the Raleigh News & Observer. Burr also mused privately that gun owners may want to put a "bullseye" on Clinton, Manu reports.

TX-Sen: In 2018 news, Ted Cruz could get a Senate primary challenge from GOP Rep. Michael McCaul, who's being pushed to challenge Cruz by former Gov. Rick Perry, the Texas Tribune's Abby Livingston and Patrick Svitek report.

IN-Gov: Democrat John Gregg is leading Republican Lt. Gov. Eric Holcomb in the race to replace Mike Pence as Indiana's governor, 48% to 42% Monmouth found.

TIPSY

Politicians celebrate Halloween, too. Here are some of the scenes from their Twitter accounts, as rounded up by CNN's Brenna Williams:
Our favorite of them all:

LAST CALL

Trump flip-flopped on whether he voted for Bush

A find from Andrew Kaczynski of CNN's K-File

Donald Trump in 2005, on whether he voted for George W. Bush, to Fox News' Bill O'Reilly: "I voted for Bush because I think he's got certain things that are excellent, including a tax policy that's excellent and going to prove to be excellent."

Trump in 2009, when radio host Don Imus told him he didn't vote for Bush: "I didn't either, by the way. You're good. I just thought that guy was a dimwit. You looked at it, and he just didn't look like he was all there."

Cyber help requests now up to 46 states

From CNN's Tal Kopan and Jim Sciutto: All but four states have now asked the Department of Homeland Security for assistance shoring up their election systems against cyberthreats, according to a senior DHS official. That number has been steadily trending upward. Earlier this month, 33 states and 11 county or local election agencies had requested the help offered by DHS. As of Monday, that number stands at 46.

CLOSING TIME

The NAACP has filed a lawsuit claiming that North Carolina officials have purged thousands of registered voters from the state's rolls. ... Donald Trump's campaign has refused to pay more than $700,000 to pollster Tony Fabrizio. ... CNN has severed ties with interim Democratic National Committee chairwoman Donna Brazile

Thanks for reading the CNN Politics Nightcap. Your bartender is Eric Bradner. The tip jar: nightcap@cnn.com.
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Your bartender for CNN Politics' Nightcap is Eric Bradner (@ericbradner) — Tips, thoughts and beer recommendations are always welcome at nightcap@cnn.com.


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