captioned by closed captioning services, inc welcome to "red eye." i'm andy levy filling in for greg gutfeld. he should be back tomorrow so all of you mean people on twitter should relax. now to joe derosa for our pre game report. what's coming up on our show? >> tonight, here, i, red, congress declares pizza as a vegetable which means me and congress think alike. girl, we should get together. kitten, minnesota gets his -- a kid in minnesota gets his parents busted for pot which means kids are just bumers these days, man. and a paternity suit against justin bieber is dropped which means our only hope for him to stop making music just went out the window. andy? >> what's your problem today? >> problem? i don't have a problem.

>> you have a problem. >> i don't have a problem. >> you have a problem if i say you have a problem, and i'm saying you have a problem. >> my only problems are you, bill, tom, sandra, the governor and the absence of greg. other than that i'm cool. >> i have a problem with that too. do you want to ditch? >> you would still be there and you are one of my problems. >> what can i do to help that? >> nothing. i don't need them and i don't need you. i don't need anybody. >> that's all i had to say. i will leave you alone then. >> let's welcome our guests who don't have problems. i am here with fox business network reporter sandra smith. her new book, why i am sorry i married someone other than andy levy comes out next week. he mistakingly used your in a tweet to me. apparently he is not very bright. true story. he thinks he is on "the view" right now. and sitting next to me is a first time guest. he is former new mexico governor and 2012 hopeful gary johnson.

and an old-fashioned liberal so his pages are filled with scribble. good to see you, pinch. >> according to today's front page news, they are increasing their military presence. australia's north side, by gum. excuse me. i had to clear my throat. or as the times report arear so eloquently put it, buying bread from a man in brussels he was 6 foot 2 and full of muscles. i said do you speak a my language. he smiled and gave me a vegemite sandwich. there was bombay and a head full of zombie, but i don't want to spoil it for you, mate. i'm done. >> right about now, governor you are thinking of firing your campaign staff, aren't you? >> no, i am thinking sack craw official lamb. nobody is watching -- >> everybody is watching. everybody watches. >> do you hear the thunder? >> do their flubs hurt all repubs this?

there has been choke a flock. f yi, that was the original name of "red eye." i still like it better. and now the veteran republicans are starting to wonder if the blunders are bad for the brand. he tells the "new york times," quote, honestly the republican debates have become a reality show. people have to be perceived of being incapable of governing this country and being leader of the free world. he and others worry that the miss could yous will have a lasting impact on how the voters perceive the party. one of the biggest offenders show no's sign of slowing down. herman cain said this, quote, i am not supposed to know anything about foreign policy. just thought i would throw that out. i want to talk to commanders on the ground. you reason for president and you need to have the answer. no, you don't. no, you don't. that's not good decision making. >> anyway, we put together a video recap of all of the candidate slip ups this year. watch.

>> and that was actually much easier than putting together something. governor, first of all, welcome to the show. >> thanks. >> glad you are still here. what do you think, are the flubs hurting the republican party or the particular candidate? >> whether they hurt or not, they are fair. it is part of the process, and it is absolutely, totally fair. i wanted to think of something i did when i was governor of new mexico. i was on as a commentator for campaign night. and he said, governor, do you have a grip on what is going on here? i said, do i have a grip on this, dick? and i am afraid i couldn't make that up. >> it only would have been worse if you added an s to his

last name. do i have a grip on this, dick? i went over it again and again and again. >> have you considered making more embarassing mistakes like that to maybe raise your profile in this race? >> regrettably it does oftentimes raise your profile. but i don't think in a positive way. - will just put it out there. >> the debate for me has turned very, vary yacht tv. -- reality tv. but it does serve a purpose.

if there will be blemishes among these candidates, we are definitely getting them out there. in a way i will appreciate them and they are good humor. >> with regard to the blemishes, why not wear make up? that is tv101, blondey. >> wait until i go to you. >> okay. >> tom, if you were a candidate, and particularly every word you uttered for a year and a half was recorded, how many gaffes would you have? i am guessing in the bajillions? >> it is terrible. if i do run for office just take out the "red eye" library where i declare there is no such thing as sexual huh res meant and other offense -- sexual harassment and i will be done. what is the republican brand? it is hurting. more people define themselves as conservative than republican. that's sad if you can't have the people who like you like you. >> right. >> so it is already hurting. there is no brand, is there, governor? >> i am a classical liberal.

a classical liberal is somebody who believes in less government. a classical liberal is somebody that believes the best thing you can do for you and i is let you and i make decisions only you and i should make. >> classical liberalism is hardly the republican brand these days. >> actually i think it is the majority of republicans. it is the majority of people in this country. and i am putting this to the test right now. statistically speaking more than 50% of republicans are pro choice. i think that's something people don't understand. the overwhelming majority of republican activists are pro life. i respect anybody who has a social conservative agenda, but i don't. i am not a social conservative. i think conservatives should be about dollars and cents, and i think the whole liberty freedom aspect of allowing us to make decisions is really, really important. it is fund mental to the country. >> how about dollars and sense with an "s"?

>> there we go. >> bill, you have been consulting for political campaigns for over 30 years now. what do you think? will the miss could yous hurt the party or just the candidates? >> i don't think either because it doesn't seem to be affecting them in the polls one way or the area. -- or the other. anytime they say anything remarkably stupid it doesn't affect their numbers. americans want to elect somebody who they see themselves in. and most americans are fist dragging more rones. >> really, bill 1234*. >> i am including myself in this. but i am not running for office. i think that's what they see in them, and they are lirks i wouldn't have got that either. >> you are a reprehensible human being. can i get a tight shot on me? i would just like to say that i do not agree with what bill just said. >> that was a brave comment. >> i would like to disassociate myself with it, from it.

>> i am not even kidding. >> i am going to agree with one part of what you said. we all put ourselves in the category. >> but i will respectfully disagree. when girls go pick up beauty magazines they are filled with models and beautiful people. not because they think they mess -- necessarily are, but somebody they could look like. i disagree with you. i think people do want to see somebody who they say, wow, he is smart. wow, he can really be a leader. i wish i could talk in front of millions of people like that. i wish i had that knowledge. i think people do want to be impressed by somebody, and they are not. >> i think to your point and bill's point, these gaps are starting to hurt candidates. perry nosedived, the latest poll shows cain knows -- nose diving. >> that's what you think. >> i'm being the politician here. i agree with both of you. you want somebody that you can really emulate, and even in

that context people make mistakes. that's reality. >> the one thing is getting to -- i hate to say this, but sort of what bill was saying it, but saying it in a much better way. >> thank you. >> some gaps can be endearing and make people like a candidate more. >> i think cain. that's why people like cain even with all his gaffes. i don't like the knuckle dragging thing, but they like his attitude, and they would love to be the ceo of a pizza company. they like his ideas and they like his spirit. that's why when he makes gaffes they say, that's like me too. >> every time joe biden says something ridiculous he becomes more lovable. >> he does. >> i even like him more. >> really? >> i just -- come on. he is the vice president of the united states of america and many americans cringe when he steps up to the podium. we wish he would put a tele

prompter in front of them. >> he also is very good at foreign policy and bonus, knows where libya is. >> governor, what do you make -- it seems there are candidateswho i'm brace their gaffes and use them as evidence that they are not part of politics as usual. can you do that? >> i wouldn't be doing that. you made the gaffe, leave it. don't be pointing out -- don't be pointing out what your flaws are. >> unlike bill. >> bill will point it out for me. >> you have none either. you are a delight. >> governor, one last question, do you agree with herman cain that as a presidential candidate he is not supposed to know anything about foreign policy? >> you are supposed to know -- you are supposed to have an idea -- so during the first debate herman cain is asked the question, what you do think about afghanistan? what do you think about iraq? he said, i haven't formed an opinion on those two. i think i will consult the military advisors on the

ground and make a decision after i consult with them. i thought, well that is the end of this campaign. meaning i think we should get out of iraq and afghanistan tomorrow. i will have military advisors and i dare say there are military advisors that will go along with that notion. make that happen. >> governor, don't you think there is something to that though. too many times we see a politician step into office with preconceived notions of what is going on. you get into office and then you are behind those closed doors. you learn more about the situation, and then some are still closed minded because they had their original thoughts and opinions, when they really needed to hear from the leaders on the ground jie. that's what happens all the time. you gotti elect oatd basis saying you were getting out of iraq and afghan -- afghanistan and you better darn well stay with it. >> i think obama has that problem all of the time. >> they get you behind closed doors and you are co-oped into

a system that is rigged. >> that goes back to president obama. a lot of things he said he was going to do in the campaign, closing gitmo or whatever. that never happened. i think a large part of that is because you become president and you get national security briefings and suddenly you think, maybe i can't do this. >> you need more information. >> so using your example in gitmo, you find yourself as president of the united states and you say you will close down gitmo and find out, holy cow, military tribunals are actually a good way of dealing with this. torture, no. no torture, but we will probably need to keep the facility open. how about being really open with the american people? here is what i said -- >> i completely agree with you. >> so i don't want to discount what you said which is, yes, you can change your mind, but be darn up front about it, and the reasons why and in the case of obama, afghanistan, iraq, certainly iraq i thought we would be out of iraq when

he was going to take this six-week deal and look at afghanistan. i thought for sure we were getting out of afghanistan and not doubling down. he closed down marijuana -- he is talking about right now closing down medical marijuana facilities in california when he promised he wasn't going to do that. he promised he was he wasn't growing to spend taxpayer dollars to do that. >> it is almost like a politician who didn't keep his promises. moving on, from woopsie to wealthy. really, bill? they are well to do, but don't do too well. i speak of something congressy like maybe congress. we are learning how loaded our legislator r.z -- legislators are. the reports say 47% of current members of congress, that's 249 people, are millionaires. in 2010 the is estimated median net worth of a senator was $2.5 million. to put that in perspective, if you earned $1 a year it would take you 2.5 million years to

make that much before taxes. rick perry plans to newter the legislative body. it seems timely. >> i happen to believe it is time to create a part-time congress where their pay is cut in half, their office budgets are cut in half and their time in washington is cut in half. >> who will answer governor perry's call to transform congress? >> apparently that cat. >> half congress are millionaires and perry wants to cut the pay in half. so now congress is going to go from half of congress being millionaires to everybody in

congress being a millionaire because nobody is going to be able to afford go be a congressman and take half pay at a job that is underpaid as it is. pay a little more, and maybe you will attract other people that aren't as wealthy and get them into these jobs. i think this is a pre market issue. >> it is a bit of a dim bulb. >> i don't think that's what he is saying. let me ask thurks you can argue the reason so many members of congress are wealthy is they had successful careers before entering politics, so we should be thankful they turned to public service. >> i will defend that point to a certain degree because we don't want just career politicians in these roles. we do want people who ran businesses and held jobs and worked their way up the ladder so they really set an example for the american people. i will say there appears to be a bit of conflict of interest at times because of the wealthy nature of congress. they tried to speak for the

people and for our needs, but they don't necessarily understand them because they are living so high. >> exactly. perry is suggesting we pay congress next to nothing so they would have to support themselves with second jobs or as i like to call them, better jobs. >> dumb. >> that wasn't one of the choices. >> bad idea. >> you pay them less and then they put them on half time as well, and then they will have half the year to go off and do corrupt things to make the supplemental income they believe is their birthright anyway. i am sick of this stuff about the rich and everything. all of this nonsense about we have to stop the millionaires. if you are in congress -- it is 47%. who are those losers who can't make a million dollars siting in congress? they should be 100%. i would get rid of those guys. if you can't make $1 million in congress, goodbye. >> bill, do you know which side it is? this is the third flip side, i think. >> if you made them part-time

legislators, would you pay them less when they had other jobs, it would give them less time to pass ridiculous laws. >> or the time they had they would only use that for ridiculous laws and nothing would get done. i feel like i kind of agree with you. i like all of them being over millionaires. they are less corruptible. to quote a film, they are untouchable, and maybe, you know, we wouldn't have to worry too much about lobbyist. >> i don't think that was a quote from "the untouchables." >> that's the title. coming up, is pizza a vegetable? i will talk to some outraged broccoli that say hell know. you are watching "red eye" on fnc. stick around.

congress has caved to me when i was 12.

pizza is now a vegetable. i was such a bad ass at 12. still am. congress wants to keep pizza and french frys in the cafeterias and the new spending bill unleashed unraffled by the usda among other things de creeing the two table spoons of sauce counts as a veggie. conservatives don't think big government should tell kids what to eat. but critics say it is a national disgrace with one saying, quote, they are making sure that two of the biggest problems in the school lunch program, pizza and french frys are untouched. clearly we must discuss this in the dsh d -- >> lightning rooooooouuund. lightning round. >> sandra, bottom line here. this is all about big tomato wanting its slice of the government pie. please tell me you saw what i did there. >> what? >> pizza, pie of

owe god. that's good. >> here is the deal. i always wanted peja when i was a kid and rarely got it, but i tried to talk my parents into the four food groups, clearly it does. on the other hand it is not congress saying pizza is a vegetable. it is saying, hey, people can eat whatever they want. government is not put in place to tell us what key can and cannot consume. parents can help guide the decision making, but we don't need government steping in and saying we don't need pizza because it is unhealthy. kids should be educated enough to make their own decisions and have pizza every once in awhile. >> i agree, but it is not what is happening here because the government is still saying -- they are still setting standards, but they are saying now that two teaspoons or table spoons of tomato paste count as a veg stable. -- reg table. >> because the liberals are trying to get it out of the schools. all they are trying to do is help the food that we want be readily available to us should we want it. >> isn't it great how the

government does get to determine what is and is not a vegetable? >> really i may be taking the other side of this. what government should be providing -- what government should be providing is information. i love it when you go into a grocery store or when you go into a restaurant and it tells you the amount of calories in everything. >> the government wants us dependent on them. how about we lean on our parents' teaching. >> this is the government mandating that the restaurant post calories. when you go into mcdonalds and for the first time this isn't the case in new mexico. it is the case though in new york where you go into mcdonalds in new york and you see that a big mac, fries and a shake is 50% more calories than i should beacon -- be consuming in a day? you get that information for the first time and it hits you over the head. that's a good thing. you can make choices to eat that stuff. but if you do eat that stuff,

you need to understand why you look like you do, or why you might end up looking like somebody you don't want to end up looking like. >> you favor government mandating that restaurants have to do this? >> well, to me that is like -- that is like they are not going to have to pay for it. it is not really a burden. it is information. it is something i could with a $6, $12 calorie counting book i could compile that for any menu on any restaurant and that is something that will help make healthy choices. >> tom, let's get back to what is important. i eat pizza as often as possible. this is a great day for me. i don't really have a question. i just wanted to say that. what say you old chum? >> well, chum, this is where i break with the governor. the tierney of the people

telling us what calories are in our food is ridiculous. if you want to find out, find out yourself. look it up on the initer net. -- internet, and then take the stairs you lazy bum. you just ate a big, fat hamburger. >> why did we got to brooklyn all of a sudden? >> i am reliving this. i remember ronald reagan defined ketchup as a vegetable. just take away the dumb requirement and everyone can have therapy swraw. kids like pizza. did you ever see kids? they love it. andy, are you a kid at heart. >> i am. >> i will put the plug in again. you put the calorie component in there and the break down of carbohydrates and proteins and fats and what those are made up of, and kids will become more aware. gee, mom, i ate three pieces of pizza. >> mom should be there. >> they will become more aware when they become big old

fatties. >> they are draining our broken healthcare system. >> only eat when you are hungry. governor, you are a thin guy. >> you have a great body. you really do. do you work out? >> i do. >> look, we all have eyes here. he is gorgeous. i wish more people read for us with abs like that. >> i am not asking you, bill. >> good lord. do you have a comment on the show? e-mail us at red eye at fox news .com. and to leave a voicemail on greg's direct line call 212-462-5050. still to come, the half time report from joe derosa. >> tonight's half time report is sponsored by observatories. the rooms or buildings housing a telescope or other equipment used for the study of natural phenomenon. thanks, natural observatory.

let's find out if we got anything wrong so far. i find that hard to believe. we go to joe derosa. it is -- >> gio hi, good to see you. wish i was in the room with you. let's start with this gasp bit. first of all, i would appreciate if you stopped called them gaffes. it is an arrogant word. just say flubs, bloopers i would be fine with.

gaffes is annoying. governor, i go to you first. you work in politics, correct? >> that's correct. >> you had said that if are you a politician trying to get into the presidency, you have to make good on your word. you say things to get into the office. once are you in you better make good on it. i don't agree with that. don't you think getting into the presidency is like getting a girl into the bedroom. you say what you have to say and turn on your charm and take them to the fancy restaurant. once you got her, a couple months later you are eating cheetoes in your -- cheetoes in your underwear with her. >> you have not swayed me, joe. >> you don't want to be in your underwear eating cheetoes with him? >> also, governor, what was it you said? >> do i have a grip on this, dick? >> well, it struck a cord with me because bill schulz said the same thing to me back stage before the show, and my

name isn't -- i don't know why he said that. it came from out of nowhere. whatever. there is somebody in between the two of you, right? you are better off. sandra -- >> do you know how much i love you, by the way, joe? >> thank you very much. >> this is my least favorite part of the show because i get nervous. go ahead. >> i am still going to insult you. >> i like watching this part, but i hate being this it. >> sandra, you said the flubs and the blemishes are just a product -- they are just part of the whole thing. don't you think they are a product of being constantly taped? we didn't have the camera on these politician twos 4/7. >> please tell me the they you refer? >> the politicians. you talked about the flubs and said it was part of it. i think it is a product of being taped 24 hours a day. that didn't happen 20 years ago like it does now. >> i think i introd by saying i think this is the cons difference of a 24-hour news cycle. >> that's what i was asking you. i wasn't attacking you.

jesus. >> this is easy. >> tom. >> yes, joe. >> i just want to say i hate you for the dollars and sense joke you made. >> we all do, joe. we all do. guess what though, he will use it. >> bill, you said saying -- politicians saying stupid things doesn't affect our numbers. >> yes. >> how has it affected your numbers? >> gl i am not running for office nor have people taken a poll to see how they feel about me. >> you are not running for office in that thrift store t-shirt and camel skinked jacket you are wearing right now? >> this happens to be suede and it is from my grandfather, r.i.p. you jerk. >> i am tired. every time i trash your clothes on this show you say your grandfather owned it. that's run its course. >> by the way, what about what you are wearing? somebody in lilith fare with their lipstick girlfriend?

look at you. you are not one to talk. melissa ethridge. >> i had a good come back, but i was scared to say it because it might be too much. >> i think you both look good. >> oh, i just complimented you. >> you said beauty magazines, girls buy beauty magazines to see what they possibly -- these beautiful people or whatever. they want to see -- >> i think it is true. >> it is a fantasy thing. you are wrong. women buy fantasy magazines to remind themselves that they need to work harder at the gym. that's why. >> you notice who is reading the magazines once they are on the kitchen table at home, right? the men. >> they have good sex articles. >> i want to move to rick perry and from the bottom of my heart, i thought you out did yourself with george w, but wow. i saw george w and i thought, this is their closer. this is the show stopper. and then you guys said no, no, we have an encore.

congrats on this. >> i would joke -- can i jump in i want to let people on twitter know it is at joe derosa comedy. especially people from texas feel freet to tweet him. >> i believe he just messed with you. >> very good. my whole thing with perry is he is saying he wants these congressmen to have second jobs. it is like, oh yes, the strene you us with jobs they will have to get as consultants making millions. they are not going to work at 7-eleven, it is ridiculous. >> i think the idea is like back during the founders days they will become gentlemen farmers. >> it is a nice thought. >> why demonize success? that's what i want to know. >> we are not demonizing success. i agree with tom. i don't like poor congress congressmen. they should be millionaires. by the way, how does a guy with a few hundred grand in the bank manage to buy his way into congress. i don't get how that happens. >> right. >> i think it is a fair points. >> isn't that part of the problem?

>> yes, andy, it is. it is. that's a call back to the opening of the show today. >> a little bit. >> remember the problem routine we did. we only have time for a couple more quick ones. governor, let's talk about the pizza thing. >> the pizza thing. >> just stwen you and me, didn't -- just between you and me, didn't you feel that by the time we got to the story sandra was being a little lipy? >> am i being lippy? >> i noticed that bill was being quiet. >> i support women's rights. >> if you have to ask yourself the question, you already know the answer. >> he is a massage nis. >> joe, can i jump in for a second? >> absolutely. >> for all of you ladies on twitter, it is joe derosa comedy. feel free to tweet him. >> yes, ladies, yes, ladies. at joe derosa comedy.

and also governor, i'm sorry, you are wrong. the big mac meal is not 50% over your daily calories. >> thank you, what is it? >> it brings you right at your limit. it brings you right there. so if that's all you eat for the day that's good. >> which is how many? what is the limit, joe? >> look, i go with 3,000 a day. >> whoa! 3,000 a day? dude. >> i know it is low. >> that is not low. you are the fact checker and you are saying 3,000 calories a day? no, i'm thinking big mac, fries and a shake is 2600 calories. >> it is not 2600 calories, jesus. >> what is it, joe? what is it, joe? >> i looked it up and it is about 1200 calories. >> just the shake. you have to be kidding me. >> this is the fact checker?

>> he didn't include the shake. >> you missed something there, joe. you missed the fries. >> the big mac itself is 560. the sandwich is 560. there is no way fries and a shake are 1500 calories. >> can i get that -- this gig has to pay something, right? the fact checker gig? >> it pays absolutely nothing. >> that's why he eats at mcdonalds. we are not paying him anything. >> governor, usually i do that job. >> i am guest hosting. >> usually do i that job. if i was doing that job you would have exact numbers. >> you know what is great about today is i will walk out of here and the first thing i am going to do is get on my smartphone and i am going to bring that up.

what are you going to do? will you correct this tomorrow night? >> i looked it up. it is around 12 50. >> the shake alone, come on. >> joe, if you look it up you should be able to say something it is right around. >> let me tell you something. cold, hard facts are so 10 years ago. i am open minded. i come in here with a liberal perspective. i have gray area in my argument and it is a fair, decent american. >> if the government required the labeling of calories in everything you did, you wouldn't have miss spoke as you have already. >> they would have put zero because it was empty calories. that's what it was. >> at the same time you were looking at your smartphone, joe derosa will be face down in the bar crying about the fact that he can't read. >> and you all make valid points and i have rebuttals for all three of you.

we don't have time. >> super sized fries is 1200 calories. >> see, she is talking again. coming up, what will i ask governor gary johnson? maybe i will throw him a curve ball and ask him about pot. he will never see that coming.

is cbs scared of him because he is a big old libertarian. the federal communications commission and the aforementioned tiffany network over the exclusion from the last debate. governor johnson has been gracious enough to be with us because he is eager to get the same bump in the poll herman cain received after his visit to the program. let's chat with him now. i am not kidding about that. there is a thing called the "red eye" bump. politicians come on the show and within a week their

numbers go up. >> they do a bump of cocaine off the table. >> i am being excluded from debates because they base the debate on your showing in polls where my name is not on the polls. five cnn polls ago i was 2% of the national vote which tied me for cain and put me ahead of santorum and huntsman. the four polls they did since that poll, my name didn't appear on the poll. >> that does president seem -- that doesn't seem fair. >> gee, that doesn't seem fair. >> would you agree there has to be some threshold to be included in the debate? you could end up with all kinds of kooks being in them? let me rephrase that. you could have 15kooks. >> so base it on your showing in the polls. but if your name is not on the poll, and when my name is on the poll, i am equal to those that are on stage. fact. >> joe doesn't care about facts. we learned that. right now you are suing the

fcc and the fec -- >> it is a complaint actually. it is probably nothing that will come of it, but we are making a point that is valid. >> wouldn't it be great if you became president and disbanded them? >> you know, it is not running for dictator. it is running for president of the united states. >> does it have to be? we are talking about revenge here, governor. >> you know, the best revenge is success. that's what i'm bent on achieving. >> and a big mac served cold, i am told. >> you recently said if the debate lockout continues you may consider runing on a libertarian party ticket. >> i am getting locked out. i am getting screwed in this process. i think i am having an important voice in this equation. and that voice is -- i really do believe that we need to balance the federal budget, so i am promising to submit a balanced budget to congress 2013. i am promising to veto legislation where expenses exceed revenue. i am promising to advocate for

the fare tax. and if i might summarize, the difference between me and everybody else on stage, candidate number one says build a fence. candidate number two says build a parallel fence. candidate three says build a moat down the middle of the fences. candidate four says put barbed wire. number 5 says electric trough fie the wire. number 6 says don't build the fence, drones. with the exception of one candidate, when they talk about border violence, everybody talks about the answer to border violence, drug border violence is more guns. the answer to the border violence is legalize marijuana and arguably 75% of the border violence will go away. i think i bring that same logic to every single issue. when people call me the marijuana guy, yes, i am the guy that actually puts issues before politics. i did that as governor of new mexico. i was a two-term governor in

a -- arguably i was the biggest penny pinching governor in the country, and i get re-elected by a bigger margin the second time. >> let me ask you, do you think one of the reasons you have had trouble getting traction with voters in the polls is because of ron paul? do people look at it and say he is a libertarian e and he is a libertarian e and he is better known and been around on the national scene? >> there have been 15 debates. have i been in two of the 15 debates. and by the way, fox has treated me fairly in this process. fox chose to interpret the rules as the last five national polls where my thaim appeared. -- where my name appeared. they treated me fairly. i dare say that if i would have been in all 15 debates as opposed to two that my numbers would be right in there with everybody else. i might have my day on stage and we would see how that went. >> have i to take a quick break. i want to come back and continue this. just two more blocks left for

me to host before greg returns tomorrow. i sense your sadness.

back talking to governor

gary johnson. i asked before the break if you had trouble because of ron paul. what differentiates you from him. they do lump you two together. >> give me the equal chance. put me on stage 15 times and i don't know if there would be that differentiation. the differentiation is -- and i respect anyone with a social conservative agenda, but i am not a social conservative. and then i do believe ron paul is talking about securing the borders. we do have differences on the border. >> do you think it is not our business if iran gets nuclear weapons? >> no. -- well we should be ving lept -- vigilant to that occurring. we should be vigilant to a real military threat. i do not happen to think there is a military threat from iran, but we should be vigilant to that. i was opposed to iraq from the very beginning. i did not see a military threat .'s i didn't think they had weapons of mass

destruction. i thought we had the military surveillance capability to see it if it were to have happened. i thought if we went into iraq we would have found ourselves in a civil war which there would be no end. >> would gary johnson's foreign policy be basically isolation or noninterventionist? >> no, a strong national defense. but i am promising to submit a balanced budget to congress in 2013 which is -- and we really don't have the time to talk about it, but i am proposing a 43% reduction in military spending believing that we can provide a strong national defense for this country. and cut the military by 43%. the operative word being defense as opposed to offense as opposed to nation building. i think the fact that we are bankrupt is the biggest threat to our national security. >> i don't have much time so i want to switch gears. you tacked about pot, and you said recently you think it is only a matter of time before it is legalized. >> 50% two weeks ago, gal lop poll. 50% of americans support legalizing marijuana. >> do you think all drugs shop

legalized? >> the only drug i am advocating legalizing is marijuana. if we do that as a country, we take giant steps toward rational drug policy which is first looking at drugs as a health issue rather than a criminal justice issue. let's start with marijuana, and then when we see that the world doesn't come to an end that it is actually -- the country is a much better place to live because police will actually go out and enforce real crimes as opposed to victimless crimes. >> last question, only 15 seconds, what would your first act be upon entering the oval office living in the free world? >> i mentioned it before, i will submit a balanced budget to congress in the year 2013. i will put that document together. >> you wouldn't do jumping jacks first? >> i might. >> look for clinton cigars? he has them stashed somewhere. we will close things out with a post game wrap up with joe derosa. go to fox news .com/red eye.

time to go back to joe derosa for the fact free post game wrap up. >> it is an oxymoron, right? >> tom, your adolescent s le -- self has a twitter account. >> at young tom -- i was twittering in the 80s, but we didn't have the platform. >> governor johnson, what do you have going on tomorrow night, sir? >> i have a yowie debate. anybody in the world can get on and talk to me on yowie website town hall. it is open to everybody on the planet. >> and sandra, tell me about your upcoming appearance on varney and company tomorrow. >> i better run home and get some sleep because it is in a few hours. we are on the opening bell, 9:15 eastern time. turn