use your dvr. and follow me on twitter. up next "o'reilly wake the duck up america. it is time for "red eye" on fnc. hey, everyone i'm tv's andy levey. let's welcome our guests, shall we? she wreaks of december spir ration and wine -- desperation and wine coolers. it is joanne nosuchunsky. also kurt metzger. he also hosts the pod cast with sherrod small. and first time guest news week editor-in-chief jim impoko. and you would never know it from listening to him, but he

was born outside of cleveland. with me is charles cook. his new book came out on tuesday. it is called the conservataian man ma -- manifesto, the fight for the future. >> a block. the lede. that's the first story. >> two phones, two injurious. hillary clinton defended her private e-mail account saying it was a matter of convenience. she broke her silence at a press conference at the you fighted nations. -- at the united nations. >> i opted for convenience to use my personal e-mail account which was allowed by the state department because i thought it would be easier to carry just one device for my work and for my personal e-mails in assisted of two. looking back it would have been better if i simply used a second e-mail account and carried a second phone. >> mistakes were made. clinton said she saved her work e-mails and provided them

to the state department. the personal e-mails are gone. >> i chose not to keep my private, personal e-mails. e-mails about planning chelsea's wedding or my mother's funeral arrangements and condolence notes to friends as well as yoga routines. >> she will never get yoga routines back. clinton took questions starting as always with the turkish press. >> now i am happy to take a few questions. >> madam secretary, turkish television, if you were a man today would all of this fuss being made be made? thank you. >> okay. charles you were telling me as far as you are concerned hillary cleared up everything and we can finally put this phony controversy to rest? >> i don't even think we need to have an election. she is so unlikeable. she really didn't defend herself. she said yes i deleted e-mails.

yes i broke the rules because i wanted a convenience. she seemed to imply she didn't know you could have two e-mail accounts on the same phone. what is the slogan hillary 2016, i don't know how e-mail works? >> bad choices maybe? she said she didn't want to carry two phones because as charles points out apparently you can't have two e-mail accounts on one phone. she doesn't even carry her own stuff right? she has people to do this for her. >> without being a hillary uh poll gist which i am by no means this is really the political equivalent of a parking violation. this is much more tempest and the tea pot. it was not against state department rules until 2014. that's when the rules changed. every secretary of state until kerry, the current occupant of the office did the same

thing. i just don't see this as having legs. it is amusing. 55,000 pages of e-mails are always amusing. >> can't wait for that. the state department says it is going to release all of those 55,000 pages to the public. are you looking forward to reading all of that? >> i wasn't looking forward to read bght e-mail story. if you already didn't like her it is a huge thing, but this won't affect her. the people who like her like her for the reason you find her unlikeable. that's what they are into with her. i remember clinton scandals were murders and cool stuff and not like the wrong e-mail. i get that she is doing something shady -- >> do you not care about your nation's security? i'm just asking. >> i don't think there was any -- was there any security breech with this? >> not that we are aware of.

then again there re mails that were deleted and we are not aware of those either. >> you are right that it is a real thing. it is let's say she did do this. it could not make me vote for marco rubio. there is nothing that would make me switch sides. >> could it make you not vote for hillary clinton in a democratic primary? >> possibly. >> this is not going to make a democrat vote for marco rubio or who ever. but i think it could. if it snowballs it could lead to elizabeth warren jumping in on the democratic side. >> i guess how she handles this is how claire underwood she is with it. people like that worminess. we have to stop the

conservatives. that's the appeal. >> i now have an image of a worm with legs in my head. >> does it look like that? >> yeah. crazy. >> do you think, joanne, all of the fuss will be being made if she was a man as the turkish reporter correctly asked? >> definitely not. we know women make awful secretaries. we are trying extra hard to make her look bad. >> what is fascinating to me is she has had a weak right? was it a wreak -- was it a week ago it came out? it was no real answers to why -- and why no one can say those are not acceptable answers. when ever we have press con phrens like this people come in with their prepared statements and the questions that are posed in a way that they call on the people they want. why aren't people standing up up to this and saying no this

is not acceptable? >> it doesn't bother you that she has apparently deleted tens of thousands of e-mails but she assures us are strictly personal. do you just blanketly believe that? >> i don't, but i think this is a pretty pathetic scandal. i am hoping this gets a lot more interesting. the best we can do is e-mail we are in trouble. >> by jeffrey dommer standards. >> it is probably because he is dead. on the convenience question it is a silly excuse. she explicitly registered the domain name and put it to a server in her house so she could evade state department oversight. that is not an accident and that is not inconvenience. she removed herself from the government authority.

>> and she said -- in the press conference she said there were e-mails between her and her husband. but the wall street journal she had a quote saying that he sent two e-mails in his life. i wish the family could get their lives straight. >> they should e-mail each other more often. >> what about colin powell? he did the same thing. it was acceptable and he did it. guy actually it is from -- >> actually he is from turkey. >> the biggots were banished. they were expelled for leading a racist fraternity chapt. fraternity chant. >> oklahoma university's president said the chant violated the zero tolerance policy for threatening racist behavior. so far only the d-bag ringleaders were kicked out,

but more could follow and the fraternity house was shutdown. no one was more shocked and dismayed than the attorney's 79-year-old house mother. she is seen here. >> i don't know what i am doing. i am in shock. >> did you ever get any indication there was anything like this going on? >> no, never heard the song. >> she has no idea where they could have heard such awful words. >> [bleep]. >> all right. nobody here is going to defend what these idiots were chanting. maybe joanne will, but probably not. let's talk about their punishment. expulsion, the right punishment? >> the problem with this video is you can't unsee it. even if you say only 87% tolerance, you wouldn't want to see this.

>> charles, is it within the university's power to expel these students? they argue that a public university can't expel students for a racist speech. >> i read the article and he is a bigger expert. it was a public university. as hideous and as it is said many times this is hideous, but as hideous as these words were, it is the law. and i think one needs to be careful not to institute a legal regime of the sort that i have or the country i came from has. words and violence are so willfully con -- conflated that hate speech comes at all levels and we punish the senses because their words are disgraceful. >> if this were a private university absolutely you kick them out.

there is no question. >> the fraternity can kick them out. >> which all of that is happening. kurt what do you think? expulsion okay or do they have the right to be racist d-bags? >> it made it hurtful he put on a tuxedo. i mean, come on. >> he is a formal racist. >> legally he might be right about that. singing a song like that that confidently on a bus -- first of all it is terrible for the school. it is an indicator that there is a bad sentiment maybe among the population. it is something kind of scary. i don't know what the legal thing s. i don't feel bad for that kid. the old lady, she was singing -- she was drunk at a party singing a rap song. that's a completely different thing. she is just singing along to a song. that is funny to see an old white lady singing the ridiculous lyrics. that's funny. the kid singing the lynching song did he write that? >> haven't white people learned by now if you are

raping -- if you are rapp nie g in a rap song you don't say that word? >> it is more than vaguely threatening. >> i think that is the real thing. is it a public threat or ignorance on the part of the fraternity brothers. you are not at a rally on campus and the campus mall wherever you are, and you are not specifically threatening people, can you expel them? i am all for that fraternity going away and then being disbanded. but the expulsion, there may be legal issues with it. >> we have to be extraordinarily careful before we use words like threat. they were on a private bus and they couldn't have said anything more offensive. i thought if it could be more offensive in anyway.

but there was no threat and no action. >> i completely disagree. if they were on a private bus saying we are going to behead you unfaithful i would want to know about it. that's a threat. >> to whom is that threat? >> it was not an immediate threat, but he is thinking about -- what do you say hanging from a tree? that's like horrible. it is not an immediate threat, but what the threat is if people are boldly on a bus singing that, something with hanging a guy from the tree well what is the next thing that will happen? it might not be that that guy was going to go out and lynch somebody but it indicates a real strain of something bad that unless it is spanked can grow into something worse. >> have you heard the isis beheading song? it is popular now. >> they suggest merely calling in the abstract for violence or speaking in a terribly offensive way is protected under the first amendment. this video does not come close

to the brandenburg standards. >> you know what it sounds like? the kill the bore song in south africa. it is a song like that. you can just be singing it because you are a jerk but there is something sinister about it. >> there is absolutely -- it is beyond sinister. you couldn't be maury pulse sigh. more repulsive. i am wonder fght students will if they want to be able to sue the school for expelling them. i think they might have a case. >> even though he have a case when you are in that position and you have ousted yourself, the notion that you will try to sue your way back in. >> i think you are better off crawling into a hole somewhere and just staying there. next topic. "charlie hebdo" is the us llama fob of the year. it is a group that claims to campaign against terrorism. many of the staff were murdered by islamic

terrorists. a muslim website reported that "charlie hebdo" was picked because of its stoke, stoking of caricature and ridiculing the beliefs. the mocking of muslims is part of a culture of hate that is meant to further alienate and further a community that in much of the way the jews were in that you swree germany. in nazi germany. charles is it fair to say it is absurd and despicable or is this easy llama phobic of me? >> it is a silly term. there was nothing phobic about "charlie hebdow." to give this award now when they were murdered for speaking strikes me as being off. >> well even if it is not their intent which they clearly say it is not isn't

this group aligning themselves with the terrorists who murdered the charlie hebdow staff to a certain degree? >> they would need a dictionary for starters. islamaphobia means fear of islam and say what you will about the "charlie hebdow" people. some say were fairly reckless and it was over the top to give this award. they tried to -- the chairman of the group tried to wiggle his way out saying it was satire which is precisely the wrong word to use. >> they have a right to give this strange award to "charlie hebdow." i am shocked that there is still an islamaphobic in heaven. it is a stupid word. phobic is not supposed to be a fear of islam, but an irrational fear of islam.

i agree with what he said. they have the biggest balls over everybody. they were firebombed and they were still -- the other thing that bugs pea is they are attacking -- that bugs me is they are attacking islam. all of the other religions they have that are potty trained now they kind of get that difference where if we talk back -- remember piss christ? he got death threats, but he is alive. bring it down to a nice death threat. a good old-fashioned death threat. >> i would take a letter to the editor. >> a little pell lar to suggest -- peculiar to suggest "the charlie hebdow" had an irrational feel of those who killed him. >> you think weile the shootings are going on? >> what they are doing is essentially blaming the victims of a terrorist attack. like you said, they are campaigning against terrorism or they claim that's what they are trying to do. you don't justify the terrorist action. giving this award perpetuates

the fear of seeming easy llama phobic which we don't need more of. we don't need more pc caution which only stifles populations and infringes on freedom. >> it is like giving the us law mick state the nobel -- the islamic state the nobel peace prize. >> without the terrorist groups there would be a lot less islamaphobia. >> they are missing the mark. me taking my shoes off at the airport contributes more to islamaphobia than a cartoon in france. >> we would prefer you keep them on. >> coming up, i finished watching all of netflix. but first you can no longer feel fat on facebook. well maybe now i will undelete my account. you are ouch whatting "red eye" on fnc. stick around.

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they frown on a preferred pronoun. a conservative group has been labeled a hate group for refusing to you attend the lgbt sensitivity training. members of the young america's foundation are seeking a religious exemption that is mandatory for all sanctioned student groups. they prefer to use pronouns. the lgbt group posted on facebook that they are a political organization and not a religious one so they cannot seek a religious exemption and it should be considered an act of violence. speaking of act of violence.

♪ >> i would like to point out that joanne was blaming the victim saying the dog shouldn't have been turning around. >> i'm sorry.

>> kurt, i am going to guess for some reason, call me crazy, call me nuty call me coo-coo, you are not a fan of sensitivity training. >> it is so they can say in case you do say something that embarrasses them they say we gave them the class. we don't know why it happened. >> fair enough. i want to talk that the lgbt group says the failure to use preferred gender pronounce is an act of violence. is it possible to roll your eyes at both sides in this or are you only rolling your eyes to one side? >> the main culprit is pushing students through. the great joke is that the notion you would not agree to call someone the pronouns is offensive.

they say they want an exemption on the grounds it is a religious organization. you can't call yourself that. we deny your request because we are defining what you are. >> but i will -- jim i went to the mission page of the website. no form of the word religion is there. that's as far as it goes. by the way apparently george washington university doesn't even have for this. >> it is beyond me. if sensitivity training was mandatory who would be on fox tv? no one. >> you would. >> i would. i cry often in the back. >> this reminds me of the scene in "clockwork orange" before you were born where they had alex and they taped his eyes open and forced him

to watch these awful films as part of an experimental aversion therapy. >> it sounds like that but it is not that. it is any corporate thing. what we saw from oklahoma that's why they have those classes because they are deathly afraid of it being associated with their school. the reason they have to do that is getting the money from their group. i don't know why they wouldn't do the conservative thing and try to privately fund their group. >> or money from the school. >> i thought it was a federal thing. >> it has to be recognized by the school. but you are right. they could say screw you. we don't need to be recognized by you. >> or just separate religion from politics. when you rolled your eyes to both sides you can't just separate -- say you go to the stupid class and

get your money, it does president mean you have to use the pro nouns. it just means you are not responsible if you don't. >> you are in danger of making hate groups look good though. every time the pnds up and compares the voter id laws it annoys me because i don't want people growing up thinking that's what jim crowe was. >> it it was lynching. this is not a hate group. >> if somebody wants to be called by a specific pronoun i have no problem. it makes them happy and it doesn't cost me anything. i am okay with that. on the other hand saying that it is an act of violence tonight do that makes a mockery of the violence. >> it is not sensitive. >> i say go to the training. you may not agree with the way of life. you don't have to understand it but you need to be sensitive. this is new for a lot of people.

they don't understand what pronounce -- pro nouns to use. not wanting to go doesn't make you hateful. it does president make you a hate group. it just makes you unsensitive. >> this can only educate you. i don't see a harm. it can only help the climate of the campus. >> it trivial lieses violence. >> in what sense? >> it makes it of the sensitivity. this is almost like at this point you know, it is like punching a clock. as long as you go to the sensitivity training you are blessed. >> it is a religious ceremony. i don't have a problem with calling them a pro noun.

all of which they are different from one another. when you are asked to remember them you are a biggot. >> i can't believe how violent that was. >> three or four people just died. >> unlike kurt, a lot of us haven't had the luxury of avoiding big companies. anybody who joins a big company goes through orientation and/or yen station is a form of sensitivity training and it is is -- i don't know. >> orientation, some of the best of my life. >> i met some great boyfriends. >> i'm there. >> coming up, an all male ghostbusters in the booth as god intended. but first a word from our sponsor. >> tonight's sponsor is andy levey. so real you will think it hit brian williams. andy levey pre order now.

is the fast face out of place? facebook replaced their emogie. they could include it in their status updates. one woman started an on-line campaign to have it banned arguing the chuby emoji was bad for people with eating

disorders. fat is not a feeling. and also we don't need a status update to make it easier to feel bad about ourselves. shame on all of you for laughing. they are removing feeling fat from the list of options, but it seems to still be there now labeled stuffed. jim, something called "time" magazine and you have never heard of it but they reported that facebook pulled the feeling fatty mow gee. the fat emoji. they just rebranded it. that's not the same thing right? >> as long as they don't mess with the poop emoji i'm cool. facebook is saving the world one emoji at a time. >> i see how you roll now. >> what would you use to show how you feel? >> just that fat one recycled. it is a great emoji. it is smiling. clearly it is proud of it or something.

did you ever watch my 600 pound life? this is what i realize. it really is an addiction. watching this exsac separated -- exaspirated -- shut up. you are an addict. i don't understand what i am supposed to give to another addiction. either keep this or be nice to junkies. >> i have seen that some people say you shouldn't use the word addict when it comes to drug addict. >> is changing the name to stuffed, is that the answer here? >> i don't know because none of us can know. say are you a woman or a panther , we are now expected

to agree with the person who says this. this is dysforia. it changes every 14 seconds and those of us who don't keep up with it because we can are somehow expected to know the changes. i don't know if stuffed is okay. it has other connotations until we make the mistake on television. >> the key is if you constantly have a tab open with salon.com you can constantly refresh it. >> there is always a dumb little group of three people it starts there and sends it around. >> but they are not as dumb as the people -- i get these change .org things. where can i sign up? and it

>> joanne, a simple solution for this because i believe we have reached the point where emojis cause more harm than good. we go back to colon, close parenthesis. a lot of times my old eyes can't make them out. >> exactly. i like when

>> did it need a reboot? can't they leave the classic film alone and make a new movie? >> first of all women's periods attract ghosts. i don't know why they need two reboots. i don't know why they can't get the best of both worlds. >> i don't think we are allowed to use the term anymore. >> well then they are in big trouble. >> i am going to move on to jim. are they going to be successful? >> first of all i have an

exclusive a "red eye" exclusive. we did not publish this on "news week." i am saying it for the first time. i am auditioning for the all male "charlie's angels" and i hear i have a good chance if i have the righty me joes. the right emojis. >> shouldn't it be charles' angels? >> i think the logical conclusion is to have a ghost buster's movie. and then when we have made one for the persons we can congratulate ourselves on our diversity. >> ghosts are usually white right? >> time to take a break. when we come back, musical performances from our special guest. first, see who is coming up on "kennedy." >> hi, guys, on the next

"kennedy" our musical friend gavin mcginnis will stop by. tune in on fox business network.

they should be pretty and not witty. men don't like funny females, but they prefer to be the more uh -- amusing partner.

they think it will make them more attractive but none of that matters to guys. men no women are picky and know a woman who appreciates their humor is a catch. you are saying this is why there are no funny female comedians? i president want to get you in trouble. >> first of all the studies they #r they are ridiculous. there are 80 people -- >> over 80. >> oh over 80. and the requesty is set up wrong. when given the choice between a woman who is funny and a woman who laughs at their jokes why would that be an either-or? my girlfriend is funny and she laughs at my jokes. why would i have to choose? it is deceptive. what this really means is not that they don't want funny women. it is more important to the people who answered this she laugh at his jokes before she is funny. it is not i don't like funny

women. why would you not like that? it doesn't make any sense at all. >> jim you were saying you don't like funny women. >> you heard that. >> i did. >> i have been trying to get joanne to laugh at my jokes all night and she hasn't. not one. there was a study not long ago about how women really don't like nice guys. >> was it also in miami? >> let's not do relationship tests. unless you are in one there -- >> what if a guy's jokes are not funny. should a woman still laugh? >> are you going to have to keep that up. >> you are single, right? >> i am. >> regardless of gender there is no better feeling than when the person you like laughed at

your jokes and it is one of those genuine laughs. it feels really good. >> it sounds great though. >> sounds terrific. >> it is the sound of a woman laughing. you nailed the timing. it is the sound of a woman laughing. >> let me tell you how unreliable miami is. you have been to miami right? >> yes. >> it is loaded with hot women. there are too many. they don't understand how the market works. they have too many hot women there. i was doing a show with amy schumer. fat guys were taking me aside they have to -- >> stuffed guys? >> stuffed men were telling me how great it was because there was way more women than men. anything you get from there is nonsense.

it is not a normal market. you can't go anything from miami. >> agree disagree? >> i think it is totally true. >> you disagree with everyone else? >> of course. >> if you can make him laugh you can make him do anything. >> i think that was a marilyn monroe quote. >> i feel like maybe some guy told you that. >> probably. >> would you rather date a funny poor guy or an unfunny rich guy and those are your choices. >> funny and poor. >> you are so full of crap. >> no. laughing causes less wrinkles than frowning. >> who would you rather cheat with? >> the rich guy because we would have the best hotels. >> on that note, coming up, an inside look at charles cook's book. and do you have videos of animals? send them at fox news.com/red

eye.

yes, it is time for another one of my peabody award-winning insightful

thought provoking and hard-hitting interviews. we told you there is a book out so let's talk about it. charles, welcome to the show. you have been here all night, haven't you? first the obvious question. what is a conserve tear yen and how is it different from a conservative or libertarian? >> the conserve tear yens are irritated with the conservative and the libertarians. they are the people you meet that city when they are around libertarian they are conservative and when they are around conservatives they are libertarian. they disagree on gay marriage the drug war and federalism. in reading the book for a lot it seemed like a conserve tear yen from my libertarian perspective is a libertarian with conservative views on immigration. >> sure. i imagine other conserve -- because of the big issues that

are changing votes that are gay marriage and weed. that's why the cleavage is in the republican party then more people would say it your way. >> william f buckley's famous quote, a conservative is somebody who runs in yelling stop. that doesn't seem to fit the definition of a conserve tear yen. >> the way to fix the right and the way for the right to renew itself are principals that exist in american society. federalism is at the heart of the book and when it comes to conservatives -- the drug war is unconstitutional. it involves a huge program and they spend $50 billion a year and it could be a free choice. my arangement is if you look at conservative attitudes toward guns and drugs they are

completely incompatible. i don't believe the conservatives need to abandon principals to recognize that. >> i was going to bring up the chapter on federalism and i enjoyed it which is the first time i have ever said that. you talk about how republican party needs to be better. it has been portrayed as a state's rights in giving our country's history is not always a good day to describe something. >> no and there is a civil rights. there are police powers and whatever you want to call it. there is a role and nobody wants to go back to the arrangement and it is not acceptable to have mini tierneys. increasingly people disagree with one another. the hip sisters in portland and baptists in mississippi have little in common.

if they want to live together in the same way they are going to need to have a little more local control. otherwise one group will be depressed when barack obama is president and the other when marco rubio is president. and everyone will wait until the country can be unified. that's not how america is supposed to work and that's not how it is working. >> i want to jumpfçqp". which are the current crop of republican candidates would you say fits the conserve -- conservtarian label. >> it is pining hopes on a federal employee would be silly. probably on paper rand paul has many problems of his own. >> the book is conserve tear yen manifesto. it is really good and i recommend you pick it up. a special thanks to joanne nosuchunsky and charles cook. that does it for me. i'm tv's andy levey and i will see you next time, tomorrow.

someone else is hosting. joanne is hosting tomorrow. that's a nice treat.

breaking tonight hillary clinton speaks and the fact checkers respond. but what does it mean for her political future? good evening, and welcome to "the kelly file," everyone, i'm megyn kelly. "the new york times" broke news on how hillary clinton used a private e-mail account, and only a private e-mail account, to conduct all of her business at secretary of state. for seven days we have heard tough questions whether she violated state department rules broke federal law, exposed american secrets or was intentionally trying to hide things from the public. today she faced the media for the first time, in a tightly controlled event at the united nations, at which the press was considerably limited. 11 reporters were called