to set your dvr up. follow me on twitter. up next "the o'reilly factor." good night from washington, d.c. see you on gretawire.com. live from america's news headquarters i'm jackie ibanez. the department of homeland security ordering an airport security overhaul after an undercover fbi sting had undercover air lapses across the country. homeland security jay johnson uh fonsed the acting head of the tsa has been reassigned. it follows the just released report showing fbi agents carried mock explosives and weapons through tsa checkpoint in67 out of 70 attacks. lyndsay graham joining a you had crod field of hopefuls. senator graham showing he has more experience than any other

candidate and that he is the right man to fight terrorism. >> i want to defeat the enemies that are trying to kill us. you not just penalize them or contain them, but defeat them. >> senator graham is calling for 10,000 more u.s. troops in iraq. ford announcing one million mustangs and sport gt's are the growing list affected by the tekata recall. they could potentially inflate with too much force. at least six deaths and dozens of injuries have been linked to the faulty devices. two planes flying over the adriatic sea got too close and collided. one pilot was killed and the other was rescued with minor injuries. >> apparently lightning does strike if you are more than

one if you are america's tallest building. what was once known as the freedom tower opened up yesterday. here is "red eye." >> welcome to "red eye." i'm tom shillue. let's welcome our guests. she is great in the court but not on the court terrible tennis player remi spencer. he volunteers for jury duty for the sequestration. tv's andy levey. and he looks like the guy passing out fliers for the local strip club. you can hear him weekday mornings on imus in the morning. >> and this show is not big enough for the both of us. another stand up called tom comedian tom kodder. >> a block. the lede. that's the first story. >> those of you up at 12:01 a.m. on monday may have had a

sudden feeling of danger as if you were somehow less safe. you can blame that on republican senator rand paul whose efforts lead to the expiration of key provisions of the patriot act. >> that's right. it is now illegal to be patriotic. it is an outcome that privacy advocates applaud but critics cram puts the nation at greatest rick of attack. many of paul's republicans made it perfectly clear that they don't stand with ranked including mitch mcconnell. >> we shouldn't be disarming unilaterally. and we certainly should not be doing so based on demigogery launched in the wake of the unlawful of edward snowden. >> luckily paul took the criticism calmly.

>> people here think i am making a huge mistake. some want there to be an attack on the united states so they can blame it on me. >> no hyperboly there. the nsa was to the listening to our phone conversations right? they are collecting meta-data. why should i care about meta-data. >> it is fine, right? >> it is fine. >> nsa stands for not stalking anyone anymore. you are taking a tool from those protecting us. i text jihadist love from my wife's phone all the time. i want the nsa to be monitoring stuff all the time. i am sad this happened. >> remi this is all probably temporary. they will pass a bill, but why give the terrorists a window?

>> oh come on. we are not giving the terrorists a window. this is politics. i think the government needs to have the authority to collect this meta data. we talked about it on the show before. it certainly does have implications on our privacy rights, but we have a greater purpose of trying to protect americans from terrorism. a couple of points. it is going to be re-enacted or implemented again very soon number one. and number two the government can still gather these records just not in bulk. there are other parts of our federal law that would allow for this kind of monitoring. it is a lot of pomp and circumstance. >> so you think it doesn't matter. rand is huffing and puffing but mouth to nothing? >> i couldn't focus on what rand paul was saying. who ever did his make up made him look clownish. it was very distracting.

>> he is working for the cameras. he has to put a little something on. i do wear a little make up, you know. >> no, really? you are actually very tan in real life. that's amazing. >> andy, i will just let you go. >> good. let's talk about meta data. suppose the government had the police follow everyone around making note of everyone they called on the phone and every place they visited. we would call out a police state. all of that is meta data. who you call, where you go because they can track that and who else is at the places you go. so stop saying it is just meta data. meta data is surveillance plain and simple. >> -- exactly instead of paying with old pen fees the way i do. >> we voluntarily do it. >> that's fine. if you voluntarily do it that's on you. when the government does it and doesn't give you a choice

in it, that's on them. that's wrong. >> come on. you are a millenium give or take 10 or 15 years. >> give or take, yes. still waiting for puberty. >> mill 11 y'alls are against this data collection more than old people who don't seem to mind. but old people are not tracking. young people are. it is all mixed up. >> i just love anything that misses off the power elite or makes them squirm. i am all about this as it gets reimplemented in a couple days. if you really wanted to talk about securing something how about you secure the border? that would actually make us a lot more safer. all of the hijackers on 9/11 were illegal so why not do something down there rather than look at what i am texting did kim kardashian. >> secure the border? are you trying to get bookings on other fox shows?

>> andy, to your point with all of this meta data. if they are not individually -- they are looking at larger patterns. >> they are collecting the data from everyone. it is the same as if the police were doing as i described and putting everything in a data bank that they can then look at. >> like verizon. whatever your phone carrier is. they know everyone i am calling. they show me a list every month. >> that's the thing. companies do it already. >> i actually -- all of my information i was saying earlier today that i did a search for underwear -- i was looking for breathable, you know summer months. >> banana hammock. >> every time i go on-line there is underwear. all different men breeds. >> why is that? >> from lands end to google. >> i think it is great you decided to wear underwear.

i support you in that. i don't know where that gets us. >> companies know everything i am doing so why not the nsa? >> they do if you don't take steps to prevent testimony. to prevent them. you will use them for nefarious purposes, but they exist. >> good discussion. the tsa has a 95% success rate of sneaking bombs on to planes. undercover investigators were able to get fake explosives and ban weapons through the airport security 67 out of 70 attempts. the red team pose as passengers. one was pat down, but agents failed to find a bomb that was taped to his back. the report also found that despite spending $540 million on new screening tech on checked luggage in 2009, the

tsa failed to make real improvements. homeland security want them to implement a series of actions to address the issues raised in the report. and a motivational speaker was brought in to help the tsa agents better achieve results. >> do it! just do it! don't let your dreams be dreams yesterday you said tomorrow, so just do it. make your dreams come true! just do it. some people dream success while you will wake up and work hard at it. nothing is impossible! you should get to the point where anyone else would quit and you are not gonna stop there. to! what are you waiting for? do it! just do it.

yes you can just do it. >> that was the scene from the new "game of thrones." they put cgi. >> remi, are we taking off our shoes for nothing? >> when i read this article i waus. we stand in a line for over an hour and take off our jewelry shoes, socks and we tip toe through and people are patting us down for no reason. it did no good. they patted him down and he had a bomb on his back and they missed it. >> when they pat people down they pat down the sides and the legs. >> when i get patted they are patting and touching and pulling. >> i bet they are. no surprise there. >> i am not making it a sexual comment. they are really patting down. my sister is traveling with her children and they rip apart the bottles and the

diaper bag and going through every thook and cranny. nook and cranny. i am also upset it is published. it is telling everybody look you can bring your bomb on the plane and they won't catch it. >> come one come all. >> why do they tell us about it? >> sign them all up, right? >> guns, you probably get stopped at the airport because you look like you sold cocaine in the 80s in miami. >> the whole miami advice thing. i just flew back from my stupid friend's wedding. he got married in saint lieu shaw. they didn't take too kindly of me. a couple of friends put two bananas in my backpack and did not tell me and i didn't know i had to declare that when i got to customs. >> why didn't you know that? >> i didn't know it was in my bag. you find terrorist and put fruit in their thing and they will find you midly. immediately. >> fruit nuts, livestock. >> let me just check yes.

good form of security there tsa. >> when i go through security they never pat me down because i am registered with tsa pre. >> you are a good little chief. look at you. yes, government whrafer you say. i will pay you extra money. i prefer to look at the glass as 5% full. they caught three of the guys. that's three fewer terrorists that can get on the plane in real life. i respect that. >> it is not a shock that the security theater does not work. but people will actually lose jobs. in the government they say we will make up some changes and we will look at it again in another four years. it is absurd. >> why do you think they speak to the press? >> my take is it is a mistake. it is a fake.

they release it to make people think it is lax and they will try and get caught. >> i think that is wishful thinking. >> this is the government we are talking about. >> that's a reverse conspiracy theory where the government is actually doing something good. >> are you surprised that they are this bad? >> no. i travel a freakish amount. first of all i wrap my junk in tin foil so they have to pass me me -- pat me down. >> you mean your bananas? >> my bananas and nuts. when i travel they say are you traveling with fruits and vegetables and i say no, no one from my family could join mooy on this trip. the guy has a bomb on his back. maybe the tsa agent cried when he saw the hunchback of notre dame as a child. you don't know what that is about. maybe he is sensitive. these are not mnsa people doing this. i have been patted down by big beefy guys with big sausage

fingers. >> why don't you go through that machine? >> maybe once. >> the revolving door thing. >> they always pull me out of the line and they take my face cream, the overpriced face cream. that is too big. we need to throw that away. >> i'm sure it is not at all because you are persian dissent. i'm sure that has nothing to do with it. >> i hope it doesn't have anything to do with it. >> you can see them mounting the legs of guys with beards and let others through. >> some poor terrorist is taking the effort the painful effort to shove a bomb inside him and meanwhile he could have just put it on his back and nobody would know. that's not even nice. >> now they won't even work hard. >> that's just being rude. coming up, mark rough -- ruffalo wrote an essay on feminism and i wrote an essay

on mark ruffalo. we'll see how you like a taste of your own medicine. stick around.

>> mark ruffalo told women who claim i am not a feminist to, quote, kiss my ass you ignorant little jerk. that requires a -- >> mark ru ffalo is a great actor and quite intelligent which is why the lack of deep thinking in his blog post

surprised me. he said he is not quoting his friend the feminist babysitter. nice line. there is a reason he doesn't want to define it. feminism adherence admits there are a myriad of views. first wave, second wave, third wave feminism. you heard about it. feminists themselves never stop arguing about it and redefining what their movement means and what its goals are. the one thing ruffalo seems so sure about is everyone has to call themselves one. he says if you don't call yourself a feminist you are insulting every woman forcibly restrained in a jail cell for your right to vote. and you are spiting on the legacy of every woman who fought to be allowed to own property. no they are not. if someone says they are not a member of the tea party you don't say you must want red coats quartered in every home. or if someone claims they are not a republican you don't say, well you obviously wish for the u.s. to be divided into free states and slave

states. no movements change. and some women don't identify with every change in the movement known as feminism. and it is ridiculous to say they have to. and if all women have to be feminists why is there even a movement? call them all women and not all women are the same. mark ruffalo thinks they should be. remi, would you defend my views in court because they are almost criminally insightful. >> i like that term. you started off your monologue by saying he is probably an intelligent guy. i think you are right. i am surprised. i mean i don't know this man. i just know him from his movies but it seems like more and more actors are coming out and writing or saying things that are just stupid. that's what i consider this to be. his blog post seems like

something written after a fun night of maybe too much drinking. >> i don't think so. >> i know. i am hoping that it is, put it that way. it is short sided and closed minded and i think it is unfair. for one reason or another a feminist developed a negative connotation over the years. and women are ashamed or afraid or uncomfortable associating themselves with that word. >> are you? >> not at all. i am independent and strong and self-sufficient and obviously i believe in equal rights. i think that's what makes me a feminist. a lot of women who have a different image and that's why they don't associate with that term. >> andy, i think my comments may have struck you dumb. i am prepared for 45 seconds of silence from you. >> first of all i can't even with the man explaining going on with mark ruffalo.

he said women, it is clear you don't know what feminism is. please sir tell the silly empty headed women how stupid they are. and then he gives a lecture and ends with, in short know not what you speak of. second of all thank you again for explaining why they are not stupid. i consider myself a feminist. i am a 9th way feminist. >> i didn't know it went that far. >> i am the only one that has reached that level. it is like a see yen following thing. you are right. there are so many different definitions of feminism and ways . it is as remi says it is perfectly understandable how women who do not identify with the most current wave would say that's not knee so i guess i am not -- that's not me so i guess i am not a feminist. they probably are from two or three years ago they are not

comfortable with the way things are being explained to them. >> maybe they are not comfortable because someone is telling them they have to subscribe to a whole bunch of first, second, third wave, whatever. >> tom? >> yes. >> aren't you glad men don't have an ism? >> i am thrilled about that. to remi's point they are feminosi's. >> who calls them that? i never heard that. you drive around listening to am radio on occasion. he is shaming people into thinking the way he should think. who is he to get up on his high horse? >> he wasn't thinking and he was bursting out of the clothing. >> mark ruffalo guess how many movies he has done. 50. and 10 more in the can. >> shows how bad hollywood has gotten. >> like i said, i think he is

a great actor. i see remi and when you see someone who is so -- he acts with such intelligence. you expect intelligence to come out of him all the time and then you realize he is back in feminist. up until the third-degree a lot of them are intense. once you get to the 9th wave , then they become a little more normal. i tweeted out about iggy-azalea's face. she looks like nancy pelosi got stepped on and stretched back and i was destroyed on twitter. i got destroyed on twitter and they said are you body shaming and that's not nice. i said she looks okay. somebody should have told hershey didn't need to go this extra -- >> you were paying her a compliment. >> no, that is not a compliment. that is not a compliment under any circumstance.

>> somebody changes their appearance you don't -- if i dyed my hair blonde and everybody agreed it looked better and you said your hair looked better before, i am blonde now that's to the a compliment. >> can't it be just being a good friend? >> yes. a good friend will say it privately and gently. >> on twitter. >> no, no. >> maybe it was the part where it says somebody stepped on your face. >> coming up isis has a problem with clean shaven men. looks like i won't be joining them anytime soon. don't forget to watch the greg gutfeld show. elementary school science takes his students on his enchanted school bus. what could go wrong?

live from america's news headquarters debate resumes on the senate floor of the patriot act. it put an end to any phone surveillance. the senate leaders are hopeful a new bill can be passed that will restore or extend at least some portion the patriot act. one lawmaker is determined to keep that from happening. >> i actually want more collection of records on terrorists. i just want less collection of innocent americans. i think we sometimes get

distracted by collecting so many innocent americans that we don't spend enough time following the potential jihadists in our country. >> dozens of health insurers say higher than expected care costs blind cited them this year. as a result they will have to hike premiums for the individual policies well beyond 10% for 2016. the increases will apply to health plans created under obamacare as well as individual coverage sold through brokers and agents. and if china hope is fading for 4 tift passengers who sank on a chews ship. six people are confirmed dead. 12 were rescued. many passengers were elderly. the weather was stormy at the time. quakes have been rattling the pacific northwest over the past couple days. scientists tell us none has been strong enough to generate a tsunami. and it may be time for you to

take a stand for better health. listen to this. a study published shows there is a health risk even for those with a healthy lifestyle. sitting may be as bad as smoking. doctors say you should stand for two hours each day. now back to "red eye." >> grow hair or beware. the good people at isis made beards uh belying tore. obligatory. as of june 1st shaving is banned and smooth faced men will be detained. the leaflets explain it is an accessory to sin. one 18-year-old told a news agency that my facial hair is just slow to come out for my age. they deal ruthlessly for anyone who opposes or ignores

instruction. i'm sure he has nothing to worry about. what do you think? tom are you a clean shaven man but these are rules. why can't people follow rules? >> i have a beard. the issue i have here is that they will have to go to the mirror and check for things. they are not supposed to be vain. if they had mirrors then prohpet muhammad would have to kill himself because he saw his own image. that's weird. my grandma has billy goat lair and where does that fall into play here? >> oh no. >> did you mention that to her? >> i hope she is not watching the show tonight. >> she is stunning, but with billy goat hairs sticking out of her chin. >> you would love to grow a beard if you lived in mosul. >> if they didn't want to grow beards they shouldn't vote for isis.

you have to take the good with the bad. it is also possible that isis is filled with playoff hockey fans. they are known to grow their beards out. maybe it is a superstition thing in that sense because you don't want to lose. if some day when we have a real president come unlike these kenyan interloper and we start dealing isis defeat they will have to shave their beards because the streak will be over. guns? mow cul will look like -- mosul will -- >> do you do a alt of the waxing? >> you can't wear a v-neck without waxing, right? >> yes i learned that the hard way. >> did you buy the v neck and then you wax? >> i go around it. it is all about doing it perfectly. i can show a little neck if

you want. >> it is paid professionals. is it wax or is it a sugar? >> it looks like honey from a bee's nest. >> that's what i thought. i watch "40-year-old veer gin" a lot. what i'm getting at -- yeah. >> rewee -- we are circling the drain now. >> doing it all. >> i am not commenting on man scaping. >> do you like a clean shaven man or a beard? >> none of your business. >> is it isis's business? >> of course it is not. of course it is not. it is a terrorist group. i do think the people in mosul are probably more predisposed to have facial hair than perhaps the men at this table. my family is middle eastern and my family is iranian and the men can grow a lot of facial hair without really -- by 5:00 they have a full

beard. >> why is it -- do you know how the custom got in the middle east? it is a warm climate in the east. i can understand why nor duck people love -- nordic people love their beards. >> it is a disgrace to reveal your chin. it is a religious-based tradition that has something to do with their faith. i don't know the specifics. to blake it a -- to make it a death worthy offense if you don't have a beard is outrageous. that's what we are talking about. >> i think we have come upon something. i think isis is an outrageous group. >> no. >> yes. they make ridiculous demands on people. >> the kid they interviewed works in a bakery. i want more potential of hair to fall in my mouth. >> maybe they have a hair net for that as well. >> it rained in new york city, but you won't find me couped up inside. with spring and summer showers outcomes shorts.

i think this trend deserves a tribute. >> fantastic. some say he is in shorts and it it is not for them. those women are dead wrong. some things to remember, one no need to wear short shorts if that is not your style. any shorts will do as long as you have a spring in your step and a jaunty attitude. prepare the loaf with a colorful umbrella for twice the fun. some women think it has to be muddy weather.

not the case. in fact why wait for rain at all. wellies and shorts work 365 days a year in my book. remi, do you have wellies and do you wear them with shorts? >> i do have the rain boots that i didn't know were called wellies until tonight's show. >> it is short for wellington boots. >> i didn't know that. i have them. i wear them when i walk the dog in the rain. >> a dog is a great accessory with the wellies. >> no umbrella. i am holding two leashes and have my hood on so i am not completely drenched. i didn't know it is a thing though. >> do you leave them in a mud room or leave them outside? >> when i lived in manhattan they went right into the apartment. in the house they went to the mud room.

>> do you like it when the women wear the colorful socks underneath and they pull them just above the edge? >> i don't want no -- >> do you want the long boots or the shorter ones? >> they are great. >> what about women? >> we just discussed it and it is not okay for women to wear wellies. >> i wear mine with fish nets. >> on women what is more important, the wellies or the shorts? >> they are the rubber boots and during the summer it is really hot. >> no, they are loose around a the calf. >> that's what makes them wellies. >> the heat rises up the side. >> that's right. >> what can we do to make this a long lasting tradition.

>> i am glad you can can sell your shrink appointment for the week. i would like to speak to the women of manhattan. do not wear the wellies and boots. stay far away from him if you are wearing wellies and boots. >> i like when women wear wellies because they can't run away that fast. >> don't you love it in the spring and warm weather when you see these ladies walking on the streets in this attire? >> absolutely clearly so they can't get away from me. >> mini skirt with wellies? >> you don't wear a skirt with wellies. >> the simple beauty of the wellies and shorts. >> how old were you when you discovered your presented --

predelection. >> i found them on the farm, but when theyener ited the urban fashion world. >> why do you think that is? >> i think it is a great look, andy. >> how does that make you feel? >> it makes me feel like a man, andy. like a man. like the man that i am. >> like the man your father said you would never be? >> maybe. and now he has learned hasn't he? time to take a break. vince vaughn and guns when we come back. first, huer is what is coming up tomorrow on "kennedy." >> on the next "kennedy" a dream boat named andy levey and sherrod small. 8:00 p.m. eastern and 5:00 pacific on the business network.

looks like vince vaughn just shot himself in the foot. yes he came out as pro gun. in an interview with the british gq the actor said i support a public full stop and not just in your home. we don't have the right to bear arms because of burglars. we have the right to bear arms to resist the supreme power of a corrupt and abusive government. typical hollywood elitists. vaughn said shootings only happen in places where they don't have guns. it is an attempt to stop making people fat. that is a good analogy isn't

it? he better pipe down because michelle obama may take that to heart. >> in general i don't think it is okay that an actor has a different view. i don't think we should tolerate that. i love watching hollywood and hollywoodish people mocking vaughn on twitter. >> i didn't see it. >> they called him stew -- stupid and all of these other names. i thought this is how the country feels when you give your political opinion. mark ruffalo. >> but he wants everyone to think exactly like him. is he risking his hollywood career? >> absolutely. he wants the gun so he can shoot mark ruffalo. remember how his career blew up when he expressed his conservative views? but he was post --

>> magnum pi. vince vaughn is in there trying to fight for the a-list roles. i don't know if this is wise. >> it will be black bald or african-american bald. he has a point in arizona and texas where people have concealed carry laws google it and watch the videos of people being heros and breaking up muggings and it is because these guys had the guns and suddenly bad guy dead. did you see the list of hollywood stars in that kind of anti-gun video? was almost everyone in hollywood. and he recently said affirmative action is racist. is he right? >> i think what is not so surprising is that he is voicing his opinion on the topic, and he is saying something different than the

mainstream. it is racing away from everyone in his industry and speaking his mind. i'll say what i say. >> he really cares what he thinks. also another interesting fact, this was an interview for a british magazine. in evening -- england you don't have guns. police officers don't even have guns. it was like he was making the statements to open the discourse . he is throwing himself to the fire to say this is what i got. >> was he trolling great britain. >> that could be one way. i am just excited that over the weekend "jury rase -- jurassic park" was airing. vince vaughn was in the second. you talk about the blockbuster of all blockbusters.

we should definately listen to this guy. >> if he was an action star nobody would say hey. why is that? andy you are a hollywood guy. are they conservatives or do they become conservatives because of the movies they are in. >> the first one. >> okay. to see recent shows go to fox news.com/red eye.

coming up on the next "red eye" matt welch, jedediah bila and mike norman. >> e block. last story. that's the last story. >> he is known for his fast ball and his curves. he is a pitcher for saint thomas college in florida exploded on to the internet like he was shot out of a cannon. he threw four innings striking out five. it was his sturdy physique.

he was dubbed our new athlete. scouts say the right hander has a big future. what do you think? tom is he the next cc sabathia. he couldn't be a short stop. the average lineman in the nfl is 320 pounds. it wouldn't work if he was a pole vaulter. chris farly showed us showed us it wouldn't work in figure skating. i know the hot dog vendor is leaving. >> it makes a mockery of those who play it and he will sit for half of each game on a bench and where some of them only play every fifth day. i don't think this is -- if he does make it to the pros he wants to make it to the national league so he can hit. there is nothing better than

watching colon run the bases. it is phenomenal and this could be the equal of that. >> when will they work out that whole national league thing? >> they realize how stupid it is. >> what do you think? he is a thumb in the eye to the fitness freaks. >> i love when fat people can do something. like the "star wars" youtube kid. the fat kid with the light sabre . bartolo colon is the most exciting hitter in baseball because he is so fat. it comes down to this -- >> love fat people. >> a 15-year-old can be in the olympics and this guy gets attention for being fat and i can barely walk up a flight of stairs. >> is this guy fantastic or what? does he have what it takes or will he have to lose weight to make the big league?

>> he will have to be in peak physical condition to be an elite athlete. that's true in just about every sport. if he is doing well, good for him. if he is going to play with the best of the best he is going to need to dwet into better shape. >> what is this league? how far away from the big leagues is he? >> about 30 miles. >> you must remember luis deion. he was probably not 300 pounds. i don't know why we don't have morbidly obese guys in hockey. >> new jersey. >> a special thanks to remi spencer and tv's andy levey and tom kodder. that does it for me, tom shillue. i'll see you next time.

(announcer) you run a business. could be any kind of business. and every day, you've got important decisions to make. like hiring. where are you gonna find those essential people you need? with ziprecruiter, it's simple. we post your job to over a hundred job boards with just a single click. so you can reach millions of qualified candidates. then we'll give you the tools to help you manage, screen

and rank your applicants. all so you can find the right one. try ziprecruiter for free today. episode of "the five." "special report" is next. are you freer right now or less secure? as congress fights over the patriot act, surveillance programs are put on hold. this is "special report." good evening and welcome to washington. i'm bret baier. the debate is as old as america itself. which is more important? your privacy or security in and how much of one are you willing to give up to get more of the other? a 21st century version of the argument is playing out right now behind me on capitol hill. a handful of provisions of the patriot act have been suspended