dumb whied? what are the odds? apparently pretty high in cleveland. thanks for being with us. if tom brady does address the deflate live from america's news headquarters i'm patricia stark. from the nation's midsection to the southeastern seaboard people are in severe weather watch this morning. part of the threat comes from the first named storm of the atlantic hurricane season. subtropical storm anna. now off the coast of south carolina with 45 mile per hour winds. in the south east and midwest tornadoes like the one which roared through northern texas yesterday have forecasters worried. more could beheaded to the plains in the next 48 hours. in oklahoma they are still cleaning up from the debris from a rash of twisters that left many homeless on wednesday. >> just complete shock.

seeing it on the news and hearing the storms and to actually see it happen to you was kind of devastating. >> u.s. attorney general loretta lynch is reportedly launching a federal probe into whether baltimore's police department has shown a pattern of excessive force. this follows the death of freddie gray, a young black man who died of spinal injuries sustained while in police custody. six officers face charges in connection with his death. in britain early exit polls seem to show that david cameron will keep his home at 10 downing street. his conservative party fared better than expected in england's parlimentary elections and may now be in easy reach of a majority in the house of commons. in new england patriot quarterback commented on an embarrassing report that he likely knew team employees were deplating footballs during the nfl playoffs last season. brady told a friendly crowd in

massachusetts last night that the patriots earned everything they achieve expetd scandal hasn't detracted from his super bowl title. i'm patricia stark. now stay tuned for "red eye." >> welcome to "red eye." i'm joanne joanne nosuchunsky. let's welcome our guests. she started a women's only fight club at fox news. i am here with imus in the morning associate producer. and he was on "outnumbered" on thursday making it the only time that show has had five women. it is tv's andy levey. >> who writes this? >> you did. >> he is a free thinker. good. i wasn't planning on paying him anyways. it is free think executive producer camille foster. and i bow down to this stand up. comedian dan soder. >> hi. >> a block. the lede.

that's the first story. >> gisele's husband is in big trouble. a report by the nfl found tom brady likely knew that team staff members deflated footballs to gain an advantage and that he pay have rewarded them with gifts. the 243-page report, and i read every single page includes pre texts between locker room uh -- attendant and the equipment manager. one exchange last october showed that the men were angry at brady and retuesdayed to do his bidding before a game. he texted "can't wait to give you your needle this week" smilely face. and then ""f-tom. make sure it is attached to the needle. watermelon coming. the only thing deflating sun is his passing rating. and here is another el lym

nateing back and forth. "tom is acting crazy about balls. ready to vomit." mcnally, "he's saying they are not good enough? tell later. >> no tell now. >> brady is facing 20 to 25 years. actually a year suspension according to one report. brady was asked about the report at some event. >> what is your reaction, tom? >> i accept my role and responsibility. i don't have really any reaction. i'm used to reading x's and o's. this is longer. it has only been 30 hours so i haven't had time to digest it. >> you need at least 35 hours to dye just. >> you said in the green room this is something you are passionate about. >> i think we said we paid no attention to this. i completely believe tom brady

and his agent. i am sure this is an incredible misunderstanding or a conspiracy by the league to try and undermine this man. how is it not a referee's responsibility to make sure the balls on the field are properly inflated? >> that's the league's issue. >> and these text messages don't look like a group of guys conducting and coordinating some sort of bold conspiracy to keep slightly under inflated balls. >> vow not a patriots fan? jay i am a cowboys fan. if there is any eason to trust me. i am a cowboys fan. >> carly this report is 24 three-pages long. they came up with it is probable that this happened. really? that's all you can get from 24 three-pages. >> and everybody who is not a tom brady uh poll gist realizes that during the press conference yes he was lying

and yes he did chief. yes he did cheat. i am not a tom brady fan, but he creeps me out. i don't know why. it is an intangible thing. >> it is winning. >> this deflate gate nonsense is so over inflated. it is not because he lied or cheated. i mean 24 three-pages. it is just because people love to see the mighty fall. that's the bottom line of this whole story. >> dan, do you think this is the biggest scandal the nfl has ever seen? >> i don't know how the league is going to recover. >> because they have been pristine otherwise. >> i think the way they treat their veterans the way they handle business, how healthy they are this is heartbreaking. >> and they are a non-profit. >> what do you suggest they do? what is their next step? >> stair -- stare deep into tom's eyes and forget all about it. >> tom's wife who does stare

into brady's wife often just retired from runway modeling. do you theng she will come out of retirement to support the family? >> i don't care about his wife. i care about the fact that this tu are rd sits up there and lies to the american people and calls himself a patriot which i don't like. unleak my truther friend -- unlike my truther friend, camille, it is incredibly obvious he cheated he conspired to cheat and any other phrase with the word cheat in it. we made a joke about him going to prison for 20, 25 years and i would like that not to be a joke. >> what do you think his punishment should be? >> they have to fill in his chin. they need to smooth it over. >> i don't know what to do! i don't know what to do! where is my butt chin?

>> maybe he has already been punished enough though. his legacy is tarnished. >> it is not tarnished enough. >> he is a champion. he is a champion. >> should that be stripped? >> everyone in the nfl cheats. >> that they don't. >> that's what i heard in the green room. >> i heard a room that mostly in seattle they cheat. >> if that were true we would have won the super bowl and by we i mean they. >> suiting up for battle. give the ball to mar -- marshawn! what the [bleep] is wrong with you? >> this is my wheel house. the cleveland cavaliers have apologized for a fact that made light of an issue in monday night's playoff game. >> ♪ i tell you something ♪ ♪ this could be love ♪

♪ because ♪ ♪ i've had the time of my life ♪ >> i didn't know you were a bulls fan. i can't believe she's a bulls fan. >> when it is playoff basketball time you have to be all in so don't make the same mistake she made. >> i thought you were all in. >> i'm all in now. let's just watch the game. >> it is like the honeymooners. >> the cavaliers issued a statement saying we sincerely apologize to those affected by domestic violence and the negative feelings caused by this insensitive video. the team said it was supposed to be a humorous spoof on this commercial for united health care. >> ♪ this could be love ♪ ♪ because ♪ >> wake up!

>> wait. the response to that one is stun silence. >> neither of these women had the time of their life. what was the thought process in this pitch meeting? >> i have no idea. that's a great question. the point of the health insurance commercial is so clearly different than tossing a woman across the room. >> but that's the thing. this happens a lot with large companies. i don't understand where the disconnect is. do you remember when urban outfitters came out with the kent state sweatshirt with the red splattered sweatshirt and it looked like blood. that went through a lot of channels to be a sweatshirt. this went through a lot to be played on the junbotron. i don't know if they are losing track of reality or they want the attention but something is lost in trans lags.

>> camille you look like somebody who would noah lot about basketball. >> i do. probably because of my height. >> and you have large hands that can hold a ball. is there another ad they could have spoofed or maybe just don't spoof an ad? >> sure, but this is what they want. we are talking about the cavs. we have to acknowledge we are all in or else. >> are you missing the p oi nt? she was wearing the other team's shirt. he looks up and he is shocked by it and he screws up the choreography. you can tell they are a couple who loved each other and done it many times before and he made a tragic mistake. >> he said he didn't even know she was a bulls fan. >> they just met. >> all the more reason to screw up the choreography.

>> it was an innocent mistake. >> was this humorous? did you giggle? >> i feel like the entire time they peached the commercial -- they pitched the commercial there was a guy going we're gonna do it. we're gonna do it. that's what i would do to my wife if she was wearing a bulls shirt. we're all in! >> i think the problem was they showed it to ron artest. >> met -- meta world peace. >> it was talked from the writing, the production and the acting, terrible. >> how can the nba to the uh ready to to make better looking commercials. they are bamboozling fans into stadiums. you can't make a slightly better looking commercial? >> you know the fans go for the ad. you are the most sensitive person on the panel. what do you make of this?

>> we had a meeting and everyone pitched stories. i thought this is going to be one of the outrage of the day things that is not that bad. it got to that point. i what was not ready for that. i don't know how it made it through layer upon layer of corporate approval. obviously the guys who shot it didn't intend for it to be domestic violence. how do you not -- with all of those layers especially everything going on in sports, but how does no one say maybe let's not show a man throwing a woman violent reacross the room and then her wrighting in -- writhing in pain. >> and then change her mind to go along with what the man is saying. >> shouldn't a man be able to throw his -- >> we are moving on. we are just going to move on. >> i am trying. should the government pay

for gambling and hookers? i say maybe. pentagon employees reportedly used their government credit cards on gambling, escorts and other adult entertainment. that's what lou daabs calls a tuesday night. an audit will reveal the simple card swipes happened at casinos and other establishments in las vegas and atlantic city. but a pentagon official said taxpayers were not in on the hook saying the card holders pay their own bills and then submit for reimbursent in. employees may have used the work cards to hide it from their spouses. don't worry. a senator is on the case telling reporters every government employee should know you don't use your government credit card for prostitutes. carly, maybe don't some of them them -- maybe some don't know. >> thank god for him. if i had a company card i would be so scared to misuse it. i would be afraid i would get

fired. this company takes into consideration how their employees act. this isn't a story about an individual bad apples at the pentagon. this is thought just a story of mismanagement and an over all environment of bad behavior that would allow employees to think that something like this is okay. >> and camille we have seen it the dea. >> over and over. >> secret service. they recall doing stuff like this. should we impeach obama? >> yes. impeach obama and shutter these departments. i can't put on my devil's advocate hat any longer. i have to have on my crankingy hat. take their charge cards because of this. it happens all the time, every day in every department. right this. >> what else shouldn't you put on a business card? >> the normal stuff duct

tape shovel, lyme. i'm sorry is these guys know how to relax and you guys are uptight. i put cab rides on my expense account. >> you can defend them on "outnumbers" earlier. >> i did. >> why? >> first of all you are not my dad. >> the charges for escort services could have been vital to national security. you have never seen a james bond movie? these could have been -- they could have been running operations. you have to be a high roller. you you have to have the lady had around you. it is just common sense. i like that they are smart. and they are using escorts who take credit cards.

>> this is a hooker. a woman of the night. >> what if you are important? are you hiding them from your wife or employer? >> the wife. definitely wife. >> it would have to be the wife. >> yeah, this was hilarious. i love when the government gets caught doing regular guy stuff. >> with their pants down. coming up, has rap been more influential? it is like this and like that and like this and like that. when we return.

is hip hop bigger than the beatles? come -- computers think so. a study found ap's impact on the pop music seen in 1991 was more influential than the british invasion. they looked at 17,000 songs that the arrival of rip hop represents the single most important event that shaped the structure of the charts we studied. so were the beatles really let's look at one of their performances at the height of beatle mania. >> ♪ >> how can anyone beat that how can any genre beat that

masterpiece? >> i don't want to continue with the show. i want to watch that front to back. >> what do you make of the study? >> it is beatles -- all of the women were like british men! yes! and then in the 90s it was white kids being like i feel dangerous even though i'm protected in my suburb by listening to the music. i was one of those kids. 91dre's "chronic" came out and everybody was like this is amazing. it was like wildfire. i agree with the study. >> do you think the beatles saw this coming? you, camille are a huge fan of hip hop. >> and the beatles. >> especially kanye west. >> that's also true. >> do you think -- paul mccartney did the collaboration with kanye and with rihanna "four five --" i am so up on my music. do you think there is this

collaboration? >> it is the moment. it is the ubiquitousness of pop culture in a connected world. if the beatles were to hit the scene now and on the internet they could register as the most influential group and genre. but maybe there is something about hip hop. the staying power has been remarkable. we have gone from the pure -- furious five to gangster rap and trap music which is weird because i am almost 35. i only want to listen to stuff that sounds like kanye west and i don't know what young thug is talking about. >> it is american. it is an american thing and maybe that's -- >> that's why it is better. >> what is more american than country music? why isn't that in the study. >> that's not in the study and i feel bad because you are so passionatly involved in this

music conversation, but i think these two london universities have way too much time and money. why does anybody care? music is a melting pot of so many sounds and themes. it doesn't matter who wins. it is a rap versus rock battle that has been going on for so long. at the end of the day i just want everybody to get along in the music world. >> i thought aerosmith and run-d.m.c. solved it with "walk this way." >> and linkin park ruined it. >> you love linkin park. i'm sorry it was nickleback. >> that's even better. >> i do. i think this is 100% true. i agree with what camille said. it is partially a reflection of technology. even before the internet -- the rise of hip hop paralleled the rise of mtv to a large extent. you had mtv taking hip hop out

of urban areas and spreading it all around america and around the world. and then of course came the internet. it is hard to compare them -- this doesn't diminish the impact of the beatles. i don't know why anyone would think it would. it doesn't mean the beatles weren't important. they were one of the three most important as the study shows. they will always be a band that influences music. i don't see any problems with huge beatles fans saying this is true. >> i do think that rap music is influential. it influenced my karaoke song choices. i think you are all very thankful for that. coming up, mcdonalds brings back a long lost member of the family. grimace looks great.

live from america's news headquarters i'm patricia stark. after months of delays the u.s. military is finally being to train a small group of syrian rebels to fight isis. >> this program is critical and a complex part of isil efforts. we expect a second group to

start training in the next few weeks. >> the goal is to combat isis militants while the u.s. airstrikes continue. but critics say it will be difficult to withstand realities of syria's messy civil war. and there is no way to prevent the groups from training our weapons to fight the syrian government instead of focusing on the fight against isis. the pentagon acknowledging it is still unclear what it would do if this happens. meantime the senate overwhelmingly passing a bipartisan bill to give congress a chance to review and possibly reject a final deal with iran. this after months of debate over the legislation which took place as the u.s. and five other nations negotiated with iran. under their agreement iran would scale back their nuclear program in exchange of relief from economic sanctions. the house is expected to vote on the per that would give congress a say on the deal. and investigators are reportedly aware one of the gunmen had interest in the mohamed contest hours before

the event. that's according to the head of the fin who also says there was no indication an attack was planned. simpson had been convicted in a terrorism-related investigation. the fbi was still investigating him at the time of the shooting which injured one person. i'm patricia stark. now back to "red eye." for all of your headlines go to fox news.com. >> he is back. even if you didn't know he was gone the hamburglar will no longer be gracing your screen. mcdonalds gave him a make over and made him a dad here is a video sneak peek.

>> rubble, rubble. >> an exec said he has had time to grow up and has been busy raising a family in had -- in the suburbs and he has evolved over time. dan, your face says it all. how do you feel? >> that's so gross. >> isn't that awful? this is worse than finding out what they put in their chicken nuggets. this is so bad. why does the hamburglar look like he dj's pool parties? >> he is classing it up. he has a tie on. >> he is kind of a dope though. >> i couldn't agree with you less. he looks good. >> hamburglar, you are

attractive. i don't want any part of that life because he will get dumpy so fast eating those hamburgers and his cholesterol is probably through the roof. >> the bod is a siping. >> it is a like con tocted -- concocted by magazines to make men feel better about themselves. >> you know style. what do you think of the makeover? >> i think it is terrible, but the taff advice stey -- travisty is they are promoting it stealing. he should be caught and jailed and reformed. >> unbelievable. >> he is a thug. a straight thug. we have the one picture. can we put it up? that is a picture of a child molester.

>> with the red gloves? >> don't tell mom and dad. >> do you want a hamburger? >> he has his mouth closed. he is chewing quietly. >> both are defending him because he is kind of a hunk and i hate it. i will not stand for it. >> i feel like there will be a movement. unsk ma the hamburglar. >> he will probably get some sort of acting role which aisle okay with. >> you know he will -- he is in a bar in l.a. saying i'm the new hamburglar. >> you are just attracted to him because he's married. >> it is only because he is married and he knows how to slip meat. >> here is another mcnugget of information. james franco has written a "washington post" op ad in

praise of mcdonalds. he recalls his three months working at the home of the fast-food joint when he was a starving actor. when i needed mcdonalds mcdonalds was there for me when no one else was. he also cops to eating fries out of the hopper and says he would use different accents when working the drive through. the drive-thru. but salon could not let this stand calling it light airy and full of privileged [bleep]. and complaining that franco does not discuss the brutal working conditions of 25-hour shifts of wage theft and negligent employee and indirect policies. never change, salon. never change. that was great. dan, are you a privileged white male. what do you think of the op ad. >> i think he nailed it and he worked hard. life is super hard for him and then he got his break.

he is an attractive man telling an attractive man story. that's what happens. i was down-and-out -- three months? i have a friend that did seven years at mcdonalds. you won't have him on the show because the things he has seen has scared him. that's a typical james franco everything fell into place story and it bugs me. >> carly, if you work at pk donalds, you -- if you work at mcdonalds you get a five finger discount. >> this was one of the weirdest things i ever read. it was a story about mcdonalds, but it wasn't a story about mcdonalds. it was a story about his rise to success. it didn't have one line. he is trying to make him seem like the common man. i don't know why he is trying to do this. >> i hope there is a counter op ad from the dumpy 58-year-old guy who was his

manager. he sucked. he just ate french fries all the time. and he blew every order. >> i can't believe he is famous. >> he even said he would put extra fries on the salt and didn't get complaints. >> or the other way around. salt on the fries. >> that's how i ate my frys. >> with james franco and salon one is full of pretentious dribble and the other sounds like a college sophomore. >> it is too much. >> it should have been a middle ground. >> here is the thing though. i think mcdonalds should capitalize on this and start getting more celebs to write positive pieces about mcdonalds. >> you believe like i do that he was paid to write this article?

i read it a half dozen times of the it is not in there. i will come to james franco's defense. he got a lucky break. he didn't say he didn't. but he did take this job. what he says is for some people with limited skills getting a job at mcdonalds is a thing. when i read a lot of the airy thought pieces about how awful mcdonalds is and how miserable a job it is to have, et cetera, et cetera, et cetera. for all of the folks demanding a higher minimum wage you pay destroy a couple of jobs and some folks won't have any job. i think a mcdone thalds job is better than -- a mcdonalds job is better than no job at all which is what his piece was about. >> he just talked about himself. it was an eye roll. >> i can't fault him for that. it is time to take a break.

when we come back future mars colonies may be as sexist and racist as earth.

should he serve time for serving drinks? a bar owner in france has been charged with manslaughter after a patron consumed 56

shots and died. last october the customer who was 57 years old set out to break the bar's shot record and his daughter claims the owner egged him on at one point whispering only 12 to go. after downing 30 shooters in one minute and guzzling a liter of liquor the man went home and suffered a heart attack. the bar owner's lawyer said his client is not to blame and that patrons are responsible for their own drinking choices. should the bar owner beacon viced it? be convicted? jay no. it's a record. >> he went down in a blaze of glory. >> records are meant to be broken. >> sometimes the great person will -- >> i don't think he should -- it was a personal choice. i drank a liter of alcohol and no one wrote a story about me. i was throwing up in my dorm bathroom.

>> are you jealous? >> yes. >> i did it for the love of the sport. >> the man's daughter was with him and uh -- apparently she and others there carried him home. why did the daughter not stop her and why is the bar the responsibility? >> this is a 57-year-old man who knew what he was doing when he entered this contest. i hate when you hear stories of bars getting sued for people getting into drunk driving accidents. it is not the bar's fault. you they'd to take personal responsibility for what you did. i spent several years bar extending and we were told we cannot over serve. we will not be liable if they injure themselves leaving. >> somebody took their tips training. is that where you went?

>> looks like we have a liability case. >> the reason people sue the bar is it is much more lucrative to sue a bar. >> he's like, have i to pay my rent. >> and you are hurting and looking for somebody to blame. it is an unfortunate situation when somebody dies even when they are doing something like shattering a record. >> what was the record? 55? he did 56. in france they are trying to crackdown on binge drinking. do you think a fine will stop that behavior? >> no. it is natural. it is innate. i have to say though i am totally totally drunk after two drinks and i don't remember anything. it is possible that in a swages like that -- i would have been very susceptible to suggestion. >> you need to stop getting drinks from andy. he puts stuff in it.

>> this is like suing mount mt. everest after you make it to the top and then fall off. >> that was a perfect analogy. who is the sherpa? >> the bar tender was the sherpa. >> what is a sherpa? >> nobody is going to tell us. >> i have no idea what the law is and the beauty of not being a journalist is i didn't have to look it up. according to one prosecutor the simple act of serving alcohol to a drunk person is an offense. after that you can take them to court foreman slaughter. >> in france this may be the deal. >> when he came in he already had 4 tone shots. i thought anything went in france. >> this guy is amazing. resurrect him immediately to

be the god of alcohol. 14 shots? you walk in and do -- >> there was a lot we could have learned. will mars be as sexist as earth? >> a british science writer is worried it will be different than our world centuries ago. that is it will be dominated by white male conquerors. they generally presented a sexy walking vagina whose purpose is to give astronauts a place to dock therapy -- their penis. >> the first woman to be raped in space has probably already been born. dan, what is this? why is space so depressing? >> i seriously. if you have enough time to go

to science fiction and say it is all -- this is ridiculous. >> as a heavy reader of space colony fiction i think it is 100% true. >> really? >> absolutely. >> how do we make space exploration less white and male? >> obviously you only send women a different hugh. this will solve the problem. there will be no racism or sexim. just send one sort of people. >> do you think it is inevitable that people will get mean in space? >> no oxygen is tough right? >> and a lack of clothing options? all one color body suits can get boring. for sure.

>> i would be pasty and i feel vulnerable when i don't have a tan and when i am vulnerable i get angry. >> this is because people were mostly capitalists. i would like you to voice this. but talk about how if the soviet union was the one to colonize space it would have been a glorious communist victory and everybody would be equal. >> everybody will live in space mansion. every space person treated equally. that ain't gonna happen. we are going capitalist and we are going ripped jeans and treating women like pieces of meat. >> we will close out the show with a look at humble brags and other things steven spielberg told me i need to get better at. and to see clips of recent shows go to fox news.com/red eye.

coming up tomorrow on the next "red eye," return appearances from tucker carlson and reg in studio.

>> e block. last story. that's the last story. >> a humble brag is a humble drag. a new study shows it is worse than out right bragging. in an spear meant researchers at harvard business school had people react to three statements. a complaint a humble brag and a brag. they were asked how much they liked each person. humble braggers were found most annoying and then complainers. do you humble brag or do you just brag? >> that was fantastic. >> are you more attracted to humble braggers or complainers? >> all three are terrible. >> camera is on, perfect. that was good. >> humble brag is stupid because someone is just not -- they are trying to be coy and

you just look like a jerk. >> you know what is even worse? when people on social media will post splg and then they will do # humble brag as if it makes it less annoying. >> it is annoying. you know what i hate? forced mod december tee. >> i am handsome and i can beat your dad in a foot race. own it. >> as you did earlier. he said he could beat mayweather. >> he said he could do it. that was a straight brag. >> >> andy, your twitter feed is nothing but selfies and retweeted complements. >> humble brags are awful. i hate it pour than people call me a hero. i wish they would stop.

>> i like to pull up this one photo that we have. we mention it a lot on the show that i was miss new york, usa and this is just -- i hate looking at this photo of myself. people just keep posting it. i qeep -- i keep posting it. thursdays keep happening and i have to throw it back to something. i think we can agree that complaining it the worst of all of them. humble bragging is the worst in my opinion. it is not owning up to the fact you want to say something. >> i think murderers are the worst. >> speaking of where are you next? where can we see you? rochester. i don't know the dates. >> what about a serial murderer? i only killed like 20 people. >> it is not even a serial

killer. >> special thanks to carly camille foster, tv's andy levey and dan soder. that does it for me. i'm joanne nosuchunsky. see you next time, probably tomorrow.