t conflate the irs scandal, instead say don't lump them together. only things that should be conflated are the kardashians. >> we have to leave it there. see you tomorrow night for a welcome to "red eye." it is like cold case, if by cold case you mean like sores which are not contagious and i'm sure you will be fine. to andy levy with our pre game report. what is coming up on tonight's show? >> the nsa leaker reveals himself, but is he a hero or traitor or a tra-ro. and a woman uses facebook to expose an alleged cheating husband. is she a hero or traitor or a he-tor or a trai-ro. and students turning in play weapons. a fair and balanced look at a new segment called today in

stupidity. >> thank you. >> you becha. >> bill qualifies as tra-ro. >> i don't follow. >> never mind. >> are you even talking to me? >> yes, i am. >> is this thing on? >> go away. let's welcome our guests. she is so smoking that mayor bloomburg banned people from doing her in bars. i am here with anchor lori rothman. keep laughing lori. it is becoming. he is so sharp that gunsu knives list him as a job reference. he is a first time guest. he just finished a feature film called "sidewalk traffic" that includes such" red eye" stars as tom shillue and kurt loder. and in england he is carried crumpet, bill schulz. if comedic gee yens was -- genius was a blow horn i would blow him in traffic.

>> a block. the lede that's the first story. >> why is there a child hosting this show? oh hi, greg. >> should we bristle at his whistle? he is the geek behind the leaks. edward snowden who did decades his disclosures, but he has no regrets saying his sole motive was to inform the public. the current employee of a defense contractor claims government programs gathering information on phone calls and internet traffic are wide open. like bill to abuse. >> any analyst at anytime can target anyone any selector anywhere. i sit in my desk and certainly have the authority to wiretap anyone from you or your accountant to a federal judge or even the president if i had a personal e-mail. >> who is that guy behind him and why didn't he shave? he is hunk erred down in hong kong wherever that is.

on sunday the director of the national intelligence talked about his courage. >> for me it is literally gut wrenching to see this happen. transparency has a double-edged sword. our add vier satisfactories -- adversaries benefit. as we speak they are going to school and learning how we do this. >> i guess he didn't commend him. my mistake. he added that america should protect its secret, quote like this dog protects his water bowl. oh, anyway jim this is a complicated story filled with twists and turns and all sorts of terms i don't understand.

by coming forward and whistle blowing did he help our country or hurt it? >> greg, that is a complex question, and i am not the man to answer. but i will say to the government, all of those times i texted trans sexuals "i have money. come over" i was joking. i have mixed feelings like you said you do too. i get why they are doing it, and then they say they have to have a court order to access stuff, but do you really think they will get a court order to go down the hall and peek? i don't know if i am comfortable with it. basically i said nothing with a lot of words. >> this is what i have been doing for seven years. i look at one side and then make a decision and then forget everything. is he a hero or the opposite of a hero? >> i think he should go to prison for this. he sounds like a martyr. let me just step back. i think this government overreaches and isen infuriating, but if you have a gripe with your government there has to be a better way to go about it than just leaking. it puts our national security at risk the way he did it.

go to congress. it is legal. he has national security clearance so what he did even though he disagrees with the program was illegal. i think he is a traitor. >> i feel like he did something important, but he broke the law and he should have the guts to face those consequences. anthony, just because something is open to abuse like say national security does that mean we shouldn't do it? >> because it is open to abuse? >> it is possible like a government could take that information and use it unwisely or does that mean we should not do it? >> we should at least be having the conversation. the idea that it took a leaker to bring this conversation forth and to have people like dianne feinstein go, we have known about this all the time. we approve it every few months. it is all right. i am dianne feinstein. i prefer if we assume these sweeping powers we at least have the conversation first.

>> and polls show if you ask the american public they are okay with this if it means being safer. and they might have a distinction between what is looking at some arbitrary numbers and finding a pattern. they are not okay with the other stuff of reading things. bill, speaking of reading, snowden was living in hawaii with his girlfriend and making $200,000 a year. you live in a cardboard box with a squirrel making not quite $12,000 a year. is snowden crazy giving up all he had for this? >> yes but let's question -- the fact that we are getting to know him is we are getting to know what kind of background you need to become somebody like this. this guy got out of basic training after he broke both of his legs in the army. there is nothing bad about that. he did not finish high school. 24r* is nothing bad about that. does it make him more qualified? does it make him qualified overall? i don't know. i will also say this. i am sick of the word whistle-blower.

it should be snow blower. >> i am dying to ask who is this whistle guy? be right back. >> jim, you can't do that. that's greg's job. >> i want to go back and talk about -- anthony how -- can you be a libertarian and still be willing to changing your tactics in terms of security to fight a new enemy? this is what i am running into. i don't think a libertarian of the 1980s is equiped to have this debate yet. >> there are capital l libertarians that believe in a utopian society that may or may not include roads. and there are people like myself and my colleagues who prefer small libertarians who believe in a form of government and even a form of taxation and a social safety net, but whenever possible restrict the sweeping powers that a federal government might take and also limit the

temptation to use the apparatus that government has at their disposal that they may not want oversight over. >> can i add one more to the list? it is a fibertarian. that is somebody who is at a cocktail party and doesn't want to say they are a libertarian. that's one we need to look at. >> you know what drives me nuts? oh i will talk to you since you said yeah. one way under the power of one party and then change when it is somebody else. they would have -- let me finish. they would have been for the nsa tactics under bush but under obama they aren't. or they would be against it under bush and for it under owe obama. >> we are just coming out of the irs scandal the whole phone record grab. this whole discussion about our freedom and civil liberties is on the front burner right now.

and this whole thing with the nsa comes out, i mean the timing is unfortunate. maybe this snowden guy is trying to ride the wave here and get some attention. i don't know. >> what do you think jim. >> it sounds like a immediately of partisan politics to me. >> but you know what -- go. >> ben franklin says he who sacrificed liberty for safety needs neither. and then he discovered electricity which is causing us to lose liberties. you have to love ben franklin. i thought i would say it backwards and i didn't. >> you did a good job. you watch "the wire." >> my favorite show ever. >> david simon says -- he is the guy who created it. he says that you shouldn't be upset about surveillance because we just don't understand how it works. i kind of -- it sounds arrogant, but i do think -- he is a crime reporter. he know,000 stuff is work --

he knows how this stuff is worked. the more people calling this spying the less they know about it. i don't know. >> that's true. and robert blake played in "baretta" but i am not interested in his thoughts. >> i kind of am. every time he talks i listen. rarely will he say anything without something sleeve less and a cowboy hat. >> and perhaps a bird. >> i can't remember if you answered the question. >> no, i didn't. i think it is a great point but i don't know enough about it. i don't know how i feel about it yet. >> i heard a good point on friday but i hesitate to say the guy's name, so i will say it rhymes with bill maher, but the big thing that makes him flip from wanting privacy to be protected is one word, nukes. the fact that that has been brought to the table and somebody can bring something roughly this size to a city and december -- decimate it does change the game a bit.

not a game changer which is a banned word. >> again, i don't agree with anything bill maher says. but i am with him on this. this is a different kind of villain. they are not interested in winning a war. they want to destroy the world. >> it is not a war. >> it is a radical belief that we are wrong and they will go to heaven if they kill us all. they are not interested in flying planes into building anymore. they want a dirty bomb. >> isn't it damaging enough to put out there how we go about finding these terrorists? you know where i am going with this. you know, it is just -- >> lori, none of us read that. do not assume. >> you guys sent it around. >> i actually did read that. >> unless we become east germany and we have a citizen spying on every other citizen the terrorists win. >> and if you are worried about your phone calls and

e-mails being zeroed in on the government, we should step it up and everybody should put in outrageous and inappropriate e-mail so we canada lute. >> if they tap my text they will say why is this guy sending pictures of a grain silo all the time? >> i would be curious to see that. >> from spying to frying, do we have a handle on the irs scandal? or is it worth more hey than the nsa? they say enough is enough. the house oversight committee says they are convinced they learned everything they need to about the targeting of tea party and conservative groups. on sunday, a day of the week he said that based upon everything he has seen the case is solved and if it were him he would wrap the case up and move on. >> based upon everything i have seen the case is solved. if it were me i would wrap this case up and move on. >> but not so fast, not so fasters.

here is fox news contributor bill crystal explaining why the government should concentrate more on the irs. >> the conservatives and the republicans are making a mistake. it is mischaracterizing what is happening. they are getting a lot of data because they don't want to go to verizon and at&t. they are not allowed to go to the data until they have a particular warrant. there is cause to suspect a foreigner of terrorism. that is totally different from the irs. it is important for conservatives and republicans to make the distinction. >> and the chair of the oversight committee says he strongly disagrees and it is a signal that his true motivation is stoping the congressional oversight. meanwhile, i understand there has been a development in the water bowl situation.

just be patient, tiger. in like three months you can eat the dog. >> forget what is in the bowl. >> you have no idea what is in store for you thanks to mother nature. anthony is this a cheap political ploy or a cheap political ploy? >> yes, and it is unsurprising that darrell issa has never met a probe he didn't love and elijah was one of the few who voted against wrangle for paying taxes. it is not surprising he says nothing to see here so let's move on. >> does bill crystal have a point? i would say yes but i am never wrong. >> i agree completely. this is what a phony i am. i was making those points in the green room and forgetting i read it from here.

i was trying to sound smart in the green room. >> it seems like the most basic distinction and it makes total sense to me, lori. have you even understood a word i said tonight? >> what do you want me to comment on or anything at all? >> i want you to comment on what you were thinking while we were talking? what were you thinking about? >> i was trying to remember if i reminded my baby-sitter to feed the dogs. obviously i am at work late tonight to join you. >> you didn't think about your kids, but you thought about your dog. >> well, they can help themselves. >> how old are your children? >> 6 and 4. >> so you just let them roam the streets? >> exactly. >> i think what we learned shear you deserve the answers to the questions you give greg. you ask something and you got it. >> i was honest. i could have made something up. >> i appreciate your honesty and i love talking about your dogs. >> i don't think the scandal

is solved. i think it was intimidating and political before the scandal broke. and regardless of whether or not we know -- you are zoning out. you are looking out there. >> greg what are you thinking about? >> i was thinking about what i was going to say. that's what 90% of everybody on talk shows do when somebody else is talking. >> you are thinking about how you will react. >> i am a fake. >> are you a fake. we all hate the irs. it is scary. it is intimidating and we know it is poe lit sized. no matter where the targeting came from ohio or washington it is happening. >> i agree but i think bill crystal is off base saying they are politicized. >> that's a great point. the difference being that the irs is already there, and we can see it and there was a way

to catch it i guess by sending an e-mail. that could happen with the nsa. it hasn't happened and that's why they have to prevent the abuse. you have no income and this block has been meaning less. >> it has been. this block is a microcosm. we need to focus more on the nsa for no other reason than i hate verizon. when bill crystal does speak, we should listen to him and i will tell you why. he looks like a man who wears a captain's cap on the weekend. any guy who does that should be trusted. a little double-breasted blazer. he probably opens yachts with a bottle of champagne. that's my guy. >> you know what champagne he drinks? cristol. >> snarky guy has an opinion.

nsa stands for national secret association. >> i think that's what it stands for. >> would you like to hear what the irs stands for? it's really shady. >> i love snarky guy. >> the great thing about snarky guy is you like what he has to say, but you kind of want to hit him. >> that's the point of snarky guy. >> any other words from snarky guy? >> just those two gems. coming up, where should you invest your money? lori rothman discusses her new book, i get stock tips from a friendly raccoon in my backyard. is he trustworthy lori? i have my doubts. you don't even bother fighting back. and does facebook keep marriages honest? i say no, but then again i say no a lot for no good reason. there, i did it again.

was it his place to reveal her bad face? they pasted a facebook photo of a man who was loudly and allegedly bragging about his infidelity on her two-hour ride home. since then the this is your husband picture seen here fantastic, has been shared over 27,000 times. bill, that's 27,000 times. the woman who only gives her first name stephanie said she received mountains of positive e-mails since she first lambasted the law fare yow. she tells the blog i thought he was such a pig. i was so fed up with the two-hour train ride and listening to this person be so vulgar. meanwhile one of the women scorned just posted this video of her preparing the dude's

dinner for the evening. >> is that a dead rabbit? >> he is alive. i have seen the whole tape. >> there is more? >> yes. >> it doesn't squirm though. >> i was just told that it is a rabbit taking a mud bath and the rabbit is fine. >> and he loves it. >> it threw me for a loop. i was like wait. you need better films. as fond as you are of saying you go girl isn't this intrusive? >> she should have totally minded her own business. everybody knows that guy was totally fibbing and boosting his extra curricular activities, full of it.

all she did was cause a ruckus at home and he was probably just bragging. >> and he was probably lying jie. being a loud mouth and a jerk. he was being a jerk. >> now you changed your mind and think he deserves it. >> no. he deserves the hassle he will get on the home front, but he wasn't messing around. he was probably just fibbing or boasting. aim making sense? >> he is a fibertarian is what you are saying. >> jim you agree with her don't you? >> i hate her. i hate her. i will tell you why i hate her. now this coward wants anonymity. she doesn't want to give her real name. she wants to out this guy. so what if he was being loud. if you were on a train what would you rather hear somebody talking about? you ever hear somebody on a business conversation? we have to get 300 units. or this guy, it was me, the donkey. this woman is a prude and she

sucks. i can't wait until the public has to deal with google glasses and your privacy is violated. everybody cries about privacy but can't wait to violate others. he didn't expect to be put on blast on the internet. >> good point. >> this woman stinks. >> this woman is like our government. she can take our privacy but we can't take hers. >> it sounds like a one sided deal to me, greg. >> i am glad you agree with me on that. anthony, what is this invasion of privacy rank? is it like the nsa or is it worse? >> it is probably worse because he -- as soon as she put this on facebook he is -- forget trial. he is death penalty. it is over. to be accused of this in a public forum is to be guilty. she could have said can you be quiet. i heard this is the new era of saville tee but she decided

to go for the jugular and destroy this guy's life with no recourse. >> the internet operates on full outrage. this is one area where bullying is okay. that guy is a jerk and they all pile in and destroy him. bill, you sleep by the subway tracks. have you everren count erred -- ever encountered anything like this? >> i have two minds of this. a because i am schizophrenic, but also because this woman what she did on the surface is terrible. she is judge jury executioner and he is screwed. we have all been on this train. i don't care what this guy was talking about, he was talk loudly for two hours. part of me wants him to get his just dessert. if she really wanted to shut him up she should have slept with him. he would have been up for it. >> we have created a legion of things, a nation of things. >> they said it best in "scent of the woman" they prey on the ratses.

we love a good snitch. we are a crif tattle tails. we are a country of that. >> you can't spank your kid at wal-mart. somebody will take a picture of that. >> i wish you could spank your kids, believe me. >> we are still on. >> honestly, -- what? i am trying hard to think of the right thing. it is tough. you are frustrated. it is hard to stay calm and think reasonably and come up with a clever punishment using your words. >> and your gestures. >> you spank your kids? you do? maybe you can give me tips. >> that's lovely. she doesn't spank her kids because she is afraid of what? >> i got whopped. with the belt. >> your parents could be watching. in california it is on

earlier. >> my mother was a child bride so it is okay. >> continue. >> she had an excuse. >> i have learned so much from lori rothman i can't seem to get rid of. coming up what do recent domestic statistics tell us about core inflation and long-term inflation and how does it relate to the unemployment gap? not doing that story. and when will one direction's new fragrance be available? the story president obama doesn't want you to hear.

was it a fair trade or did kids get played? a california school yes, they have them there, recently sponsored a toy gun buy back offers students a chance to swap play pistols for a free book. it is just what little boys love. and they get a raffle ticket to win a bike. says the principal of draw bridge elementary quote playing with toy guns saying i am going to shoot you desensitizes them. as they get older it is easier to use a real gun. i guess there is science to back that up somewhere. we couldn't find it. discuss. >> lightning roooooouuunnnnddd. lightning round. >> so bright, plastic toys desensitize kids to weapons? was this true for you with toys ? >> i would hold a branch or whatnot greg but i don't know if it desensitized me.

that's all i have on that except to say now it is good we will take the guns and teachers and them you can sell them for profit. idiots. how about teachers and your kids, give me that. you can't play with it anymore. you have to buy it back? that is preparing them for life? do this and give me this. just do what you are told, rotten kid. >> you are going to be a great dad. lori, you have brought children on to this planet. no reason why you would do such a thing. >> well, as long as they don't turn out like you. >> oh, lori! take it back. >> he is being mean to me. >> i didn't hear what you said. >> what do you make of this program? >> i go both ways on this story. first i thought it annoys me when grown-ups try to put their politics on kids. arm them and give them the information and let them decide. but there are all of these kids who have accidents and they are young and they don't

get handling guns. you hear about these tragic accidents all the time. maybe taking the guns away is not a terrible thing. >> anthony as a kid growing up do you remember holding a nerf gun and think this is great training for when i get the real thing? >> absolutely. i remember thinking this is like a gateway drug. it is not too far from here from wanton murder. >> exactly exactly. i was the same way. as an expert in child psychology, what should children play with instead? >> thank you, greg. as a child i did lots of things repeatedly that desensitized me in a big way. guns were not one of them. my mom gave me an arsonal and i was one of those kids that it didn't have the red dot at the end. it looked like a gun. my mom gave me these guns because she was a tom boy. when she was little she had a gun. back then they were actual guns. the only difference between them and toys was there were no bullets in them. i was fine. here is the thing. what are they giving them? bikes. how many times were you

injured with a toy gun as a kid? how many times did you get injured on a bike? my scars have scars from bikes, greg. i never learned the two-wheel thing and i never will. >> good for you. >> it is snarky. >> i'm sorry snarky guy. >> how does a snarky guy feel? >> what has done more damage? >> nicely done. >> i don't like what he is doing with his lips. it bothers me. >> i am hypnotized by his eyes. in an effort to draw more customers during afternoon hours which is quite a goal, dunkin' donuts is planning to become more like starbucks. stores will be redesigned to be more inviting with earth tones comfortable seating and jazz music just like my apartment, lori which you will find out. >> i will never know, never. nice chance. >> i have been working so hard on this. the company ceo says, quote, we just don't want bill schulz

loitering in front of our stores and urinating. >> what? >> that was in the article. i couldn't believe they put it in there. >> i guess i am famous. >> anthony, won't this ruin the charm of dunkin' donuts which is the fact that it is not inviting? >> absolutely. dunkin' donuts is where you get your $3 coffee and your trans fatten fused boston cream donut. you don't sit at a dunkin' donuts listening to norah jones and pretending to write a screenplay. >> although imagine if that did happen in dunkin' donuts. you know what i hate about dunkin' donuts, people ordering sandwiches. it is a donut place. you get behind somebody who is making a big kind of like ham and egg -- >> those are good though. >> they are good. >> go to a place that has them made. don't go to dunkin' donuts. >> now i am doing four of them. >> jim, do you think it will work? >> i like a nice jazzy vibe, greg.

i can take a young lady out for dinner and you say how about a crawler and a cup of coffee and kick our feet up and watch that man vomit in the corner. >> i love that. i must be a cheap date. >> i love dunkin' donuts, but i don't hang out anywhere i anywhere. i am a lonely man. >> sorry. >> you work for a business channel. i think it is called fbn? >> 1:00 p.m. eastern. watch once in awhile. >> i will i will. stop plugging. from a business point of view, is this a good move? >> no. either they need to expand the menu and offer lunch or dinner items or they need to cost cut and they are all over the place. they are pro live rated. they have to downsize their location. >> i would love to see what dinner is like at dunkin' donuts. >> it is like foreign greetings. if it is bacon and cheese they can put it on --

>> it is like donut potatoes. >> which are you talking about? >> is it dunkin' donuts or krispy kreme? >> kris people cream. >> what could they possibly serve for dinner that is less nutritious? here is a pack of cigarettes with a shoe on it. enjoy. and the donut for dessert. >> that's a great idea. >> i have tried it and it is not a seller. >> fill the shoe with a noxious fluid from bill. last question to you, bill how will this impact the average coffee consumer? >> i will tell you, i can speak for two right now. one of the few things i have to look forward to in my otherwise miserable life is on the odd occasion that lori and i will get coffee. sometimes we go to starbucks and donuts. i for one see no difference because in both cases she will flash the barista so we may get free coffee. it is exactly the same. >> really? do you that lori? >> the prices are the same. thank you for that, by the way. >> taking one for the team. >> the entire team loves it.

they clap when she comes in. >> things we learn. we are going take a break. when we come back we will talk about something. meanwhile "joy of hate" autographed copy. you will be happy if you purchase the book. you will be unhappy if you don't.

in boy band fragrance news it is big. one direction has launched a perfume called "our moment" it is a refns to one of their songs, but you knew that already. a bottle will cost $faff 5. the -- $55. the scent is described as sparkling and juicey anden fused with undertones of -- anden fused with undertones of warm musk. that's how lou dobbs smells. anthony are you excited by this? i love any new fragrance, especially if it is a boy band. >> i am so excited. i am looking at these guys and

trying to figure out which is the tough one. like i say i have two daughters and i am probably more looking forward to having the talk than having to goes scoter them to a boy band concert. >> how old are they? >> the oldest is three and a half. >> so they actually -- there will be something that will come along after this that she will -- it will be a combination of bieber and one direction. it will be like eight-year-old boys. they keep getting younger and smoother for some reason, lori. will you buy this for yourself or your children? >> listen, you can make fun of it all you want, but they are talking about $120 million in sales off the bat for this thing. this is what all of these crazy pop tarts are doing. money happened over fist easy. just sign, seal and deliver and they are good to go. >> from what i have read they like a lot of things hand over fist. i'm talking about their portfolio and stocks greg. >> bill, you make me sick. >> i make me not sick. >> a young talented group like one direction.

you celebrate their entire catalog. you know she follows them on tour? >> i do. i go from show to show. i try to get all of the girls psyched up. come ogals. come ogals. >> you are in the front row and off to the right just staring at them throughout the show. >> i do and i point and i wink at the one cheering the loudest. i think this is just a wonderful idea. i am 100% behind it. the advertising campaign is great too. it can't possibly stink as much as the music. it doesn't say that. i don't want to get sued. >> snarky guy would like that. you should have saved it. >> i don't want to run snarky guy into the ground. i don't want them to say, oh him again. >> "red eye" is known for overusing. >> bill, you have been writing letters to harry. has he responded yet? >> no. and i have asked harry for his

hair. the thing that bothers me about this boy band it is the over gelled and the huge almost vanilla ice-type hair. these guys had my look. they had the i am not showering, i just got out of bed and angry and sour and i am pouting look. i rocked that all through high school and no girl would talk to me. now it is the thing. look at them. none have taken a shower today. you noy they all stink. i was that guy. no girl would talk to me. i am that guy now and no girl will talk to me. where is my direction? i have none. >> you don't have any direction. >> my direction sucks. >> your lack of direction is a direction. >> it is lack of direction. it is deering? >> no. >> it is a ring? >> i don't know. we will take a break. >> i don't know where m why. >> i don't either e-mail us at fox news.com. and do you have a video of your animal doing something? something clean not weird or

fun. >> the dead bunny was not weird at all. >> it was a bunny taking a mud bath. according to the producers it was bunny taking a mud bath. >> except there was no mud. >> it was a strange thing and i regret. it go to fox news.com/red eye. click on video. no more bunnies taking mud bathes. coming up, a wrap up with an dree levey. >> tonight's post game wrap up is sponsored by toe wrestling. the sport where opponents link toes and attempt to pin another person's foot for 30 seconds. thanks, toe wrestling.

a new "red eye" returns tomorrow. guests include brooke goldstein and tom shillue. all right. tv's andy levy for the post game wrap up. >> thanks, greg. nsa stuff. first of all, i can't believe chris hayes was weaker. so weird. >> they do look alike. >> they look a lot alike. >> it is the rise of the beta male. >> is that what is going on? >> yes. the alpha males are dead. i am talking about me and bill. >> okay. kind of glad to be left out of that group. >> are you? >> yes. lori, you said you think he should go to -- snowden should

go to prison for this and if you have a gripe with the government there has to be a better way than leaking. do you feel the same way about deep throat the woodward informant? >> that's a good comparison. i just think under the law deep throat didn't have national security clearance. kind of juggling and that was a curve ball, but -- >> i think he did. >> i didn't guys agree with what he did -- i was actually born during watergate, just so you know. >> during the hearings? >> yes. >> that's cool. you were a watergate baby. >> so, i am not saying i disagree with what snowden did, i am just saying that under the law because he had national security clearance and because the prism thing itself is legal that he broke the law, but what nixon was doing was illegal. right? >> that was a very good answer.

>> thank you. phew. >> jim, did you have any idea the story would come out when you wrote your book "secrets are for the birds"? >> yes, but i spelled it b-o-i-d-s boids. >> sure, make it time less. >> i think secrets were meant to be told. >> anthony, you talked about the the idea that we should have -- the notion that we have to have a leaker to force a conversation on this. i love jay carney on monday who said this is not the way president obama wanted to have a debate about this. clearly he didn't want a debate about it at all. >> i wish somebody had asked a follow-up to carney. what would the president do to facilitate this conversation? >> if an nba star had come out of the closet as a leaker then he would have had it. that made no sense.

>> no, it didn't. it would make a good ad for depends though. greg you talked about how it bugs you when people are inconsistent on things like this depending on which party is in power. a poll came out on monday pointing out in 2006 75% of republicans favored the nsa program and now it is 52%. in 2006, 61% thought these programs were unacceptable and now 64% think they are acceptable. >> there you go. >> you are exactly right. >> send me that stuff. i want to use it on "the five" tomorrow. >> i did send it to you. >> thank you. >> greg i want to ask you about -- you asked if you can be a libertarian and change tactics to fight an enemy? here is how i look at it, if you are okay with the government's intrusion to keep america safe, you are agreeing with what president obama said about gun control after sandy hook. if there is one thing we can do and one life we can save we have an obligation to try. >> but the one thing that i am talking about is a dirty

bomb or a nuclear attack. i think you only have to be right once to destroy humanity or millions of people. which is different than a gun tragedy which is still a tragedy, but we are not talking about thousands and thousands and perhaps millions of people. does that make sense? >> so it is a different -- it is a difference in degree for you? >> i guess so. it is somebody who wants to destroy the world. imagine if it was a monstrous space alien, andy and we had to fight that monstrous space alien. we would have to amend our techniques. >> if you have seen the trailer for "pacific rim" we have that make them in comparable size. either that or will smith. >> irs stuff. lori you said you don't think the scandal is solved and that the challenge will be reforming the irs.

want to bet money it won't gee reformed? >> no because i unfortunately think are you correct. >> anthony, thank you for pointing out the conservative disconnect between thinking agencies like the irs can be split sized, but the nsa can't be. martin luther king and john john lennon was never spied on for their political beliefs. >> you are right and you are welcome. >> i like both of those phrases. a woman uses facebook to expose a cheating husband. i am with you. this woman stinks. she is unuh cuss stoppled to inter -- unaccustomed to inter nate fame. she said i keep things private. >> yes, this guy was an ass, but she could have gone to another car. >> she didn't post video or audio of him saying anything. all we have is her word that he was bragging about cheating on his wife. for all we know this is some guy she snapped a picture of. >> it reminds me of the courtroom scene in "godfather 2". >> thank you. >> nobody knows what the truth

is. >> so true. >> on the other hand when people are talking loudly on a train, i think it should be legal to tas them and then throw them off regardless of how fast the train is going. >> i am a loud train talker i admit it. >> that's because of the cocktail bar. >> the bar car yes. >> many times i have you can whatted up to a gang of tufts and shushed them. >> did you? >> of course not. >> i could see you do that. >> i push my girlfriend over and say entertain these guys. talk to them. i am done. >> are you really andy? >> yes, i am. >> special thanks to lori rothman always a pleasure bill schulz anthony fisher, good job, and jim norton. where will you be, jim? >> tomorrow night interviewing black saabath live. >> opie and anthony? >> on sir yous and youtube and google. >> bye.

the factor is on. >> bill: the o'reilly factor is on.

tonight: >> with respect to the internet and emails this does not apply to u.s. citizens and it does not apply to people living in the united states. >> don't control -- troll through a billion phone that is unconstitutional and violates our privacy. >> bill: where do you stand on the issue? it is confusing. we will clarify it for you tonight. >> you are not allowed to go into that data until they have a particular warrant signed off on by a judge. >> bill: the surveillance controversy is dividing both political parties both like john mccain and newt gingrich support surveillance while rush limbaugh and glenn beck oppose it we will have extensive report on that.