eilly factor. good night from washington d.c. but don't forget to go to facebook and like my facebook page. there is a lot going on on gretawire.com. see you tomorrow night 7:00 p.m. live from america's news headquarters i'm jackie ibanez. protesters returning to the streets of baltimore last night. they are demanding justice for 25-year-old freddie gray who suffered a deadly spinal cord injury while in police custody. the governor of maryland says he understands people's concerns. >> the protest has been peaceful . hopefully people have patience enough to let us get to the bottom of this. >> the governor has asked the mayor and the state's attorney's office to expedite the the autopsy. >> a man's political stunt last week in the nation's capitol. the chairman of the house oversight committee says doug

hughes was able to fly his one-man helicopter in restricted airspace for 30 miles without being stopped. the congressman disagrees with the decision not to shoot him down. he is lucky to be alive. he should have been blown out of the air and very well could have been. >> you think he should have been blown out of the air? >> if you will do that and come down -- if it is up to me i would have taken care of the problem. >> if convicted hughes could face up to four years in prison. one of the most dangerous volcanos take a look at it. it is erupting for the first time in four decades. it sent a thick plume of ash into the air forcing more than 1500 people from their homes. but so far there has only been minor disruptions to air travel. a federal judge approving the settlement between the nfl and thousands of former players who suffer concussions. payouts could total $1 billion. the nfl is accused of hiding dangers of on field

concussions. the league denies the allegations. sphie stay tuned for "red eye." 123450eu previously on "red eye." >> welcome to "red eye." i'm tom kodder. >> there is a chance the story is fake. >> he was too angry to go on. >> that never ever, ever, ever happens. >> let's move on. >> i'm all for you. >> calm down. do a little breathing. >> you get more flies with hahn fee -- with honey than vin vinegar. >> now the chilling conclusion. >> i brought the honey. >> welcome to "red eye." i'm kennedi. she is f t.o. xier than the french furrier wardrobe. it is lori rothman. and she is no longer a bartender, but she still says there's still closed.

that doesn't make any sense. hi, it is not vodka. it is water. joanne nosuchunsky. and he puts the lag in lethargy. it is andy levey. and he is married to his work and by that he is married to a comedian. >> a block. the lede. that's the first story. >> think globally, litter locally. thousands attended the earth day celebration in washington, dc which was billed as an event quote to inspire citizens, to take action and to protect our planet and its people. but screw the monkeys. the good intentions were over flowing. and so were the trashcans. that's disgusting. mobs of environmentally conscious citizens came to listen to performers like mary

j bliej and fallout boy. they were discussing the threat of global warming and they left the place a total mess. look who was forced to clean out the garbage. >> and we weep for them here tonight. >> all right, so let's start with you. you like to throw trash on the ground. >> oh yeah. >> am i right about that? >> i am a huge slob. was this celebration well meaning or totally .less? pointless? >> totally pointless. the point of the can and people leaving their garbage everywhere is to show us what we are doing wrong that we slobs are the problem. >> there is no resepta cal big enough for the malarkey generated on earth day.

the world wants to know with bated breath. rich how did you celebrate earth day? >> today i played golf and i fixed my divets. >> is that a euphemism? >> if that is the mess they are worried about in dc, they have a lot bigger problems. that's trash em trap meant. they had two cans. what did they expect. >> you can't accept your paper and aluminum and plastic and trash and compost when there was only two resepta cals there. it is definitely sad, but you get trashed when you have large events like this. the best way to celebrate earth day is in the comfort of your own home fasting. i'm fine with two cans. >> my husband says the same thing. he is super happy. he wouldn't mind if they were

bigger so they can accommodate more. i think if they cared about the and at least something that would melt once the hot water touched them. >> you notice who had to clean up the mess. the republicans. that was marco rubio. that was rand paul. it was disastrous. andy, i want to talk about bill nye. >> are you sure? >> i like to call him the science guy. >> it rhymes. >> you call him that too? >> yeah, that's what i call him. and i like to call it garbage. he tweeted on tuesday -- look at that face. he is gorgeous. so well put together. he tweeted heading down to dc to catch an, # earth day flat on air force 1 tomorrow with the president. we are going to, # act on climate. thanks for that. that said, the excitement much

like # climate change is real. it is so real. it is not like the end of "dallas" when bobbie was shot. this is the real deal. >> i agree. >> he is polluting the atmosphere by flying around essentially on a private jumbo jet, or that he is bragging about the cool life event. >> the worst part of it is he is way too old to be using that many hash tags. >> seriously. >> unless you are going to use them ironically at a certain age you can't be using hash tags. >> i don't think bill nye can do anything eye -- ironically. >> i don't think so. here is my overarching and very very strong feeling about earth day. it is whatever. >> isn't every day earth day? why are you singling out one day? >> why are you singling out one planet? >> that's a good point. >> where do you stand on pluto? >> in my mind pluto is a planet. i don't care what the scientists say. i am all for interest poking out the hypocrisies of bill

nye traveling on the big jet or whatever and pointing out the people who left trash in the mall. the point i don't get is the conservatives and the libertarians who trashed the idea of being environmentally conscious. i just think it is sort of this childish reactionary garbage like they are saying it -- >> and i disagree with them. >> oppose government mandates and stuff like that, but also recycling is not a bad thing. what's wrong with recycling? >> i think taking care of the earth is a good thing for the sake of taking care of the earth. it is not for anything else or any future dire predictions. >> exactly what i'm saying. if you don't believe in climate change that shouldn't stop you from not polluting the atmosphere anymore than you have to. >> you don't mulch? >> you have missing the point. he is getting to fly with the president. what is he going to say to the

president? take greyhound. it is against my morals? >> why didn't leonardo dicaprio use that line when he was con tronted with the fact that he has taken $200,000 worth of private jets in the last six months. >> they are all trying to push the weight on the consumer like all of this -- you drive up and downturn pikes and you can see factories and lights and smokes. everywhere you go. curly cue light bulbs will make a difference? >> have you ever read what they do if they break? you have to bring the house down. >> and you have to take the light bulb and -- oh no, you don't have to do that. >> for good luck you do. for good luck at a jewish wedding that's exactly what you do. mas -- mazeltov. bringing order and

renumeration. >> kennedy's top tenedi. >> the top 10 dire predictions from earth deneene 70 that -- earth day that failed to come through. number 10 entomologist confidently declared in 1970 the population would out strip the food supply and a death rate from starvation would claim up to 200 million people a year with mass extinction by 1980. good job paul. speaking for dr. ripley, senator gaylord nelson claims the earth was on a collision course with disaster. and by 1995, 75 to 80% of all living species would be extinct. he was absolutely right. add -- in at number six "life"

magazine said all urban dweller would have to wear a gas mask. the planet would be covered in smog gee -- smogy gunk. and the number one calamity predicted on the first heart day 45 years ago by 1989 four billion people would parish in the great dieoff. i miss you already. so tad -- so sad you are dead. >> they were pretty much spot on. they were very close. >> all of those things happened. if you were not living in your computer simulation, you would know that all of those things actually happened and none of this is real right now. >> i mean we know you took the blue pill, right? >> last night. >> you know what, that's the reason i don't go to the fortune tellers. i don't want to know.

it is not true. none of it is true. it is all fake and you're right about it. we are spec among all of it. >> you know what the great thing is? it is not even 4/20. >> i was just going to say that it is sad they were pessimistic thanks to science and technology and the advancements we came up with stuff to prevent a lot of those dire consequences. >> and that's what human beings do. they use innovation and technology to overcome big problems, but they had a dim view of human nature in 1970. they thought nixon would be president forever. >> they would argue by predicting those things they spurred the science and tech tholing to come up with ways -- science and technology they came up with ways to avoid those things. without them predicting those things all of those things would happen. >> that's not true. they had a negative view of human nature. they were pessimistic. i like people who say the first person who will live to

a thousand will be born. your thoughts? >> i'll take one for the team. i'll do it. i'll live for awhile. and then i will report back in my time machine. >> if we will be honest, you will be the hottest hundred-year-old that ever walked the earth. >> not content with keeping tabs on your electronic communications, the nsa now wants to make sure that you put your ginsing bottles in the right resepta cal. and they have come up with a totally not creepy mascot to help. meet dunk. >> hi, i'm dunk. i am the national security agency's recycling mascot. i am here to share a bit about nsa's efforts to be more environmentally friendly. or what i like to call green! let me ask you this. dowry cycle? do you recycle? when you drink a can of soda do you put the empty can away

or put it in a resepta cal like me? good luck and make me happy. the more you fill me up, the happier i am. >> oh yeah. not creepy at all. the whole seven minutes teaches about the nsa's recycling efforts along with the program that it sponsors. it is called recycle or we will come to your house in the middle of the night and drag you out of bed and make you vanish. it seems a little wordy but i definitely like the intentions there. meanwhile the cia has also introduced a new mascot. >> it is the debut of andy's new wrestling match. what the hell? right now there is a big fight

in congress about the patriot act and section 215. they are trying to convince us that they just want kids to not litter? >> it is not the nsa's job to teach kids about recycling. it is to monitor communications and erode any notion of privacy from the government's eyes and ears. i don't expect the epa to lie about it and i don't expect the nsa to tell me what bin i have to put my grape soda can in. they have to stop playing on people's fields. >> if your kids have to be encouraged to throw their junk away from the creepy dude who makes sponge bob look like a pleasure frongly -- frankly you deserve it. >> i would love to visit the pineapple under the sea. i call it club med. >> my kid got in the car today after school and gave me all of these recycling tips and

the trees. look stop, you are a hippie. she lit insense in the car. i had to throw her out. i don't live that way. >> on the road? you threw her out on the road? >> no, i pulled into my garage and i walked upstairs. i'm obsessive compulsive. my shirts face the same way and my sneakers. do you think i have time to pick through my garbage? do you think i will put a can -- it is not for me. >> some people say recycling is actually worse for the earth. >> i'm one of them. >> i call those people rich voss. >> i don't know why but there are technical reasons behind. it -- i didn't get that it, but i agree with them. >> you know what else is bad is -- >> herpes. herpes is bad. >> you can't keep skipping leg day. he is getting very top heavy.

look at that. we don't want to teach our kids that. stick to a regimen. >> duncun is trying to act like a post pew bees sent young man. >> seven-minute video? a kid can't last a minute 30. >> that's awful. >> would you like to throw in one here and anchor or a life preserver? >> if it is put out by the nsa, is it following you as well? it is so curious and suspicious and lame. they want to recycle your cell phone and your computer. >> throw your junk in the trash. if you don't have time to separate it and organize it, fine to each his own. live and let live. >> what do you do with the laptop? >> i will tell you what i do

with the laptop. it is not for air but during the break -- >> love to see your history. >> i have history and i have biology on there. whatever you need. we will talk about that coming up. auntie em, auntie em, it is a twister. our land touches down in the -- we touchdown in the land of dr. oz. we will be back.

supply and welcome -- and welcome back. waka-flaka flame is running for president to save the world. just after he finishes this blunt. the rapper announced his

candidacy for the president and has been endorsed. impress tiff. waka-flaka is a bit shy about it but he signed the documentation on 4/20. >> what is today's date? 4/20? i am pleased to announce that today on 4/20, the best day of the year, i will be running for president. the first thing i will do when i get in office is legalize marijuana. the president has to have a fat old butt. it is called presidential cush. >> presidential cush. remay see a few strains in the dispense res in oregon and colorado and perhaps even washington washington state. how do we know if he is serious about running. >> first thing i will do is dogs come in the restaurants.

i don't want to see no [bleep] animal in the restaurant again. >> and your dog is not a therapy dog if you buy it on ebay. stop taking your dog on the plane or to the grocery store. >> it is that simple. you don't need documentation which is why i am no longer a libertarian. what about the issue of people with big feet? >> anybody who has feet over size 13 cannot walk in public no more. they have to take trains, cabs and buses. i don't want to see your big ass feet taking the space on the concrete. >> finally someone standing up for the practical issues that helps the working americans everywhere. now lori, we know you cannot do your show without ripping into a big fat blunt before beforehand. are you getting on board the waka-flack express? >> it is waka-flacka against

hillary? he is so against dogs that that may break it for me. >> not only are you a millennial, but are you a practical person. >> i served in restaurants and it is awkward when the dog is there and you are praying he doesn't wet feet. waka-flacka has great points. he is actually a lot like president obama believe it or not. >> oh my god that is so racist. >> i didn't even think about that. >> i thought you said he had great points. >> he said "f" the congress. i am congress. obama has actually said the same thing indirectly multiple times. if you should the quote side by side they are impossible to differentiate. >> waka says it. obama dances around the fact. >> you know if he wins you will see sneakers hanging from the telephone lines of the

white house. >> at least he is going to bring back the national foot binding program. >> i made a pro and con list. pro would completely legalize marijuana. he wants education reform to teach kids maury yacht skills as he calls them. >> critical thinking. >> there are a bunch of intangibles. i am all for legalizing weed. shut up about it. he uses a default ripping tone. ring tone. it is a deal breaker. he would wear flip-flops to meetings and no dude should wear flip-flops in public. jay especially a size 14. >> he clearly favors the imperial presidency which i don't like. there are nor cons than pros. i go to the intangibles and it pushes him over the top and he has my support. >> two of the most respected

names officiallyien doarsd waka-flacka. final thoughts. >> i will be at mcgwires this weekend on long island. >> did you get a contact high just watching the announcement. >> have i been sober for -- i have been sober for 29 years. the whole marijuana thing is -- you know what, smoke crack fnlt be a man. anybody can light -- you know what i'm saying? sell your mom's car to get high and then talk to me. please -- i'm old school. >> it is old school. literally old school smoke marijuana now. >> it doesn't make you hard. hardly. >> smoke at least hash. be a man. >> coming up, ben affleck owns up to owning slaves or having an an -- having an ancestors

who owned slaves. >> tonight's sponsor is pseudonym. when it is time for a change, start with your name.

live from america's news headquarters i'm jackie ibanez. the long delayed confirmation vote on the attorney general

nominee loretta lynch could finally happen today. senators have been siting on siting on the vote for five months now as they grapple over a human trafficking measure. now that the bill has passed lawmakers can deal with lynch's nomination. if approved she will become the nation's first black female attorney general. protests continue in baltimore over the death of a black man who suffered a fatal spinal injury where while he was in custody demonstrators blocked intersections and disrupted traffic near the hospital where freddie gray died. it lead to the suspension of six officers. >> some of the protestors and the stuff i have been watching on news, they want them in prison. one, they haven't been charged. two, they get their day in court. how can they request they be put in jail? we haven't got to that step of the process. >> attorneys for the parents of michael brown are heading to federal court today.

they intend to file a wrongful death lawsuit against the city of ferguson, missouri. the shooting triggered violence nationwide. european leaders will hold an emergency summit to discuss what can be done about the growing migrant crisis. the u.n secretary general wants swift action. 1300 people have drowned in the past three weeks alone trying to make the crossing from libya. and if you are wondering about the status of your tax refund don't bother calling the irs. a congressional report says the agency hung up on eight million taxpayers this filing season. the irs blames budget cuts. now back to "red eye." hi there welcome back. rand paul could be elected president. that's not nice.

i speak of a new libertarian country established on the border of croatia and serbia where there is a lot of sexy hockey players. the piece of land was claimed by a libertarian politician from the czech republic. yeah that's right. >> the idea of a tax haven? lick my eardrum with more of that good news. after failing to change the tax laws he decided to start his own. >> you should have your own space to show that they are feasible. i did it. >> where you can live and let live already has 250,000

applications for citizenship. and 240,000 have asburger's syndrome. most will never set toed, but they are drawn the right to choose your own tax rate. meanwhile andy levey established his own country within the u.s. borders. >> that was so unpredictable. i never would have guessed that. >> who let the cats out? >> why don't people grow up in the control room. >> wow she said it. i didn't have to. >> have you ever shaved your cat? >> is that what you call it now? >> no. >> good, andy. i'm very happy to hear that. you are a vary responsible person. i know you have applied for

citizenship so what is in your go bag? what light reading are you taking on the plane? and the fountain head? >> call me crazy, i will pass on land from croatia and serbia. that doesn't sound like a fun place to be. >> are you land minussed. >> croatia said it does not recognize liberland and considers them to be virtual trespassers. this will not end well for anyone. and it is 2.7 square miles which means if you have more than three people it is too crowded. it is way too crowded. >> it is like the castle hotels in japan. they stack the real estate all right. it couldn't be too bad. >> they have car things now like that. did you see it 1234 you park them. it is like a ferris wheel. in new york if you are a

squater in an abandoned building you can get arrested. there are a lot of people i would like to send over there. >> who is at the top of your list? >> i can't say names. >> i am from jersey. >> i don't get involved in that. >> you know kevin pollack loves your wife. >> who doesn't? she is brilliant. >> i am not the kind of person -- person-- what was that? >> nothing. i am not that kind of person. >> i am intimidated surrounded by this many intel jebt people -- intelligent people. you love freedom and liberty as much as you love hash browns and corned beef. so what is keeping you from getting on a plane?

>> it would be a sassier pleasantville. there would be no block parties and no flour. >> they love flour and lard and cabbage. those are the staples of life. >> how is the weather? how is the tourism? >> it is only a matter of time. it is too good to be true. the tax collectors will come and figure out a way to suck it dry. a lot of intense adverbs. adjectives rather. >> maybe the key is -- they said 250,000 people applied but most will not set foot there. you want to be a citizen of this place and pay your low taxes while you look somewhere else. >> that does not work for the united states citizen. the government will take your money from overseas faster than if you set up a dummy

corporation in nevada. >> that's because we live in a fashist dictatorship. >> let's incorporate in nevada and go to the bunny ranch and celebrate with a couple of my friends. >> or wine country i hear is a lovely land. >> it is, but unfortunately it is in california where they don't have anymore water because the country took it all. pbs stands for pretty big scandal. ben affleck is story for trying to hide his slave owning ancestry. look at him. he particularly has the shackles in his briefcase. they say the "mall rats" actor asked" finding your roots" to ignore a shameful revelation. in a facebook post he said i didn't president what the television show about my family to include a guy who owned slaves. i felt embarrassed and it left a bad taste in my mouth. >> that's how i tell the after

i watched "gili." >> he is more of an embarrassment, right? >> 234 -- in terms of that role. if you were on the show and god knows what they can find in anyone's past. >> i think he was over the top. >> i know my family his -- history and i wouldn't have shined up up for the show. >> the first time i saw him in movies there was something about him. you could feel his star quality. that is the thing it lets you know. the first time you saw barry manilow you see it. >> i saw safe owners. he knew it and he hiding it. i love his work. >> i can tell. a lot of people say the president is not a real african-american because he does not have slave blood. his dad was from kenya and

ancestors didn't grow up here. is the same true for ben affleck? does he inshairt the sins of his ancestors? >> he should have a lot of guilt. us italian cast, we are trying to help other people. >> you should never be embarrassed by your family, but i think he was embarrassed by his reaction to finding out his family was slave owners. thz why you want ited bitted it out. >> ask for a high five? a first pump. >> right here. >> i think he is embarrassed that he went from winning an oscar to doing that tv show. >> batman. i just shake my head about that. it is time for us -- go ahead. >> i would like to speak

please. no, i was -- about him being -- it is not his fault. i was talking to my friend steve hitler that he uh purred me you never, ever blame the ancestors. i don't like the way applicant and apology. >> always linking himself to the weakest link. >> and it is in layers. >> he went back to hitler. >> keeping it real. coming up next, dr. oz. first let's see what is coming up tomorrow on kt qt kennedy." >> oh my gosh your guest host is so smart and beautiful. on the next show called kentucky i will talk to dog the bounty hunter. back to you kennedy.

take two chill pills and call them in the morning. dr. oz is firing back at 10 prominent physicians calling for him to resign from columbia university in a letter. the docs accuse the surgeon slash talk show host, slash white male oprah of supporting quack treatments for financial gain. end quote. they are harped about the

genetic engineering of food crops? the medical wizards he is not having a moment of it. on an episode he grabbed the accusation by the horns and told him to turn it. >> i know i have irritated some potential allies in our quest to make america healthy. no matter our disagreements freedom of speech is the most fundamental right we have as americas. and these 10 doctors are trying to silence that right. i vow to you right here, right now, we will not be silenced. we will not give in. >> that is so beautiful. andy you love free speech more than anyone i love in the world. you were obviously a big supporter of dr. oz, right? >> as a big supporter i am tired of people calling them on their bull [bleep] and violating their free speech. shut up! it is not a first

amendment issue. >> it is not a free speech issue. he was not being sensorred by anyone. >> the issue is he is a quack and he makes money off people's misplaced trust. and any medical institution affiliated with him should end their relationship. much like the other oz, the man behind the curtain is a fraud. other than that i don't care. >> i think the other doctors are just jealous of his success. >> i agree completely lori rothman. >> everybody on the field gets a trophy and everybody wins. god forbid dr. oz step up and shine and make more money and be more famous and influential. >> with junk science. >> not always. >> the british medical journal took a look fe -- look at the show and it supported 30 tine%. there was no support. 15% of recommend layingses were completely contradicted.

he is a quack forgiving people bad advice. >> joanne know saw chin -- joanne know saw common ski should he resign? >> let the market reside. i don't love him. he flip-flops about egg eggs. eggs are good for you. everything in moderation. these health shows are great. they can inspire people to make healthier lifestyle choices. but they should never replace your own doctor's visit and your doctor's advice. people are taking his word at face value. >> they shouldn't replace your doctor. obamacare replaced my doctor. >> noter 6% gets you in the -- 46% gets you in the hall of fame. second let's not forget it is entertainment. for awhile i believed all of that stuff they were finding was real.

they weren't placed in there. what celebrity is not getting paid to endorse a product? >> i love those diet pills. >> i know you do. >> they are thought diet pills. they are cialis, so i'm glad you like them. >> it worked for me. it is all bull. they are mad that he has a television show. >> it is awful awful advice. do you people not vaccinate your kids? >> i vaccinate your kids. >> you can't lump these procedures and treatments and diet tear supplements. if your name is andy levey we will close things out with a fabulous word. travolta. to see clips go to fox

news.com/red eye.

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yes, it is. oh it is with a heavy heart that we have to enter into this next segment. >> don't be sarcastic. >> i am not. you take it back this second.

paris hilton -- >> true story. >> paris hilton's chihuahua tinker bell has died. hilton confirmed the news 0* facebook. writing after 13 amazing years together my baby tinker bell has passed away of old age. the dog gained fame on the reality show "the simple life." let's look at reaction from around the globe. ♪ >> god rest her soul and may she be in heaven with paris' other dog. scientology is a weird cult

who questions everyone who -- who attacks anyone who question itself. here is the scientology spokesman and "wild hog" actor john travolta. >> you can read dianetics and if you read it you will understand it. if you do you will speculate and that's a mistake to do that. >> speculate and player hate. andy you are the most avid reader i though. you obviously read dianetics. >> i only read one horror book by ron l hubbard called "fear." it was good. from my perspective john travolta has a point and is missing the point. you shouldn't criticize a religion's beliefs without understanding the foundation, but if you assume scientology. it is the many, many, many cases perpetrated by the officials of scientology

against people that dare question them. >> they are obviously jealous and motivated by very, very impure -- >> and i don't know what is going on. he needs a different wig. >> it is not a wig. it is a hair system. joanne, would you date a scientologist? >> no, but i would date john travolta from "staying alive." that's all i see. i don't want to see all of the drama. i just imagine him in the movie dancing. >> he was so good in "pulp fiction" and" get shorty." would you consider becoming a scientologist to boost your career? >> i will do anything to boost my career. >> i've got an e meter in my office. >> do you know what fear stands for? >> false evidence appearing real. >> that's amazing. i love acro anymore wednesday or thursday. $16.17 for a book from l ron

hubbard and does travolta get a cut? >> he should. >> special thanks to joanne noah chin ski and rich voss. i will see you next time. go get help, boy. go get help. go get help! right now! if you're a cat, you ignore people. it's what you do. if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. go on kitty, kitty...

>> new splits in the democratic party over free trade while presidential candidate hillary clinton on this issue sounds different than secretary of state clinton. this is "special report." >> welcome to washington. most democrats will tell you this early they're pretty certain hillary clinton will be their party's nominee in the end. on the issue of free trade, the likely nominee is hedging. a bipartisan trade agreement would give president obama enhanced power. the pushback is so strong chief white house correspondent ed henry reports the white house and clinton are feeling