there are so many places to see you on. you know, this is a new world. cable news and all its social media good night. >> tonight on "red eye," hillary clinton's aides say the funny pant suit woman will get more serious. does that mean open mic will get worse? if he votes for trump will i vote for trump? probably. the man can do no wrong. and was peyton manning making fun of barber shop quartets? first, a news break. >> live from america's news headquarters, i am air they -- arthel -nevil. she is freed after refusing to

issue licenses to same-sex mairnls. the judge said he released her because her staff started issuing licenses again. there is no word when davis will return to work. davis refused to issue marriage licenses since the supreme court legalized the gay marriage in june. hillary clinton says she is sorry on tuesday during an interview on abc news. she is uh apologizing for discussing business over her private e-mail account. it is a 180 for the democratic front runner. just last week she refused to apologize on nbc. now clinton is acknowledging she should have separated work and play. >> i should have used two accounts one for perm and one for work-related e-mails. that was a mistake. i'm sorry for that. i take responsibility. and i am trying to be as transparent as i possibly can. >> the city of baltimore could officially approve a settlement with freddie gray's parents today. baltimore agreeing to pay out

nearly $6.5 million. it has almost been five months since the 25-year-old man died in police custody. his death sparked riots and looting and some people even burning buildings in protest. six police officers have been charged in gray's death. and serena williams defeating her older sister venus. the two hugging at the net as the match ended. it is the 27th time the william sisters faced off. sac for serena -- as for serena she is two wins away from the calendar grand slam, that's all four majors in one season. back to "red eye." >> welcome to "red eye." i'm tom shillue. let's check in with tv's andy levey. >> have you seen this video?

can we roll that? keep your eye on the ref there. there, from the back. >> that's terrible. that is bad, andy. >> weird, i actually would have thought you would think it was great. >> really? why would i think that? being a patriot fan and all i know you enjoy cheating. >> come on. 24 is different. this is different. don't you like the raiders ? >> reporter: yes. >> that seems like something that franchise would do. >> this franchise is over. >> let's welcome our guest. she wants to be spider-man's girlfriend. jedediah bila. he performs at clubs in new york and destroys city in japan, ben kissle. and this new york post columnist is a five-time jeopardy champion. new york post columnist.

and he has more wits than hair and he has a lot of hair. comedian joe devito. let's kickstart this motor -- motor bike. >> and now for some planned spontaneity. hillary clintons, aides that we are going to see a whole new side of the sectd -- secretary of state and i am not just talking about her sideview and mug shot. her campaign wants to shed the image that she is a stiff. instead show her humorous side like when she said the hair is real, but the color isn't. you see? somebody laughed. they also want to show her heart like when she consoled drug addicts at a meeting. to showcase the new spontaneous windows 7 version of herself, her spawn tau that i tee team has been brainstorming ideas.

we were able to take a peek. british accent, casual wednesdays. pant suit shorts. take a shot of tequilla. and a fake muss stash. mustache. owe way joe -- okay joe devito. will they get spontaneity? >> she is a female pennacchio and not because she is always blind, but she is trying to to convince everyone, i am a real girl. i am a real human and no one is buying it. they talked about how she is on a new exercise and a diet program. that's what the soviets said about somebody before they croaked. >> that man is a bull and then -- >> she is telling jokes and jumping around like she is jack lelain.

you don't need to reassemble they are. they are who they are. >> you may be right. they say you can't fake spontaneity, but isn't that what we do every night on "red eye." >> i heard hillary was spontaneous about -- no, i'm sorry. that was 11:15. they scheduled it at 11:15 and it is terrible. you said pin knock yow and you -- pin knock yow and you said jaw pet toe. she is the king of the island of misfit toys. if you are going this way, she is somebody who keeps discarding persona and rebooting her campaign and announcing she is going to be a different person from the person she was yesterday. she is act 8 years old. she has been one of the most famous people in the world. we know who she is. it is time for her to come out

and say i shredded that server. white water. i will do the same thing while i am in office, but for god sake it is me or that guy with the cotton candy hair. >> it seems funny, but that's exactly what she has to do, but she will not do it, will she? >> no. she has that kind of self-capacity. all she does is lies and thenal pretends she didn't lie and then slowly lets out the line off a year, year and a half hoping the exrelations are so confusing that nobody will know where they will begin. that's the strategy and she has been using it since 1992 and it worked pretty pell. pretty well. now though she is in front of the american people and she is doing a pretty bad job. >> stringing out the lie worked for bill, right?

>> bill was a different guy. >> she learned from him. by all accounts shouldn't she be sympathetic? we have seen her out of politics. why don't people connect with her? >> that's a great point. she should be able to show some kind of empathy. that's something you either have or you don't. warmth, empathy, these are qualities you cachet give to somebody. you can teach them to deliver lines, but the comedy and the dip is natural. i would love to see what is going on behind the scenes can you imagine the training sessions? forget policy discussions, they have to teach this woman how to act like a human. before they can even get her to talk policy and i don't think you can learn those things. you couldn't teach me how to

be a great stand up comic. i wouldn't be able to do it. i don't think you can each hillary clinton. >> remember he said what if, what if, did he come over this. >> they have less of a what if than he would imagine. >> you are right, she come across like a human being. she has rebooted her campaign more than i had to reboot my ibm computer in 1994 when i was trying to plug in my -- >> do not. you have to reboot the whole system. >> do you realize the references have gone from dropoff, jack lelain, 19, floppy disks. we are in the prime of hillary clinton's career right here.

1994 was like her high water mark. it is all downhill from here, baby. she may be the democratic nominee, but is it really worth going through this experience of having your character and your personality shredded in front of the american people the way hers was being shredded? >> twice. >> al gore we made fun of him and he didn't get over the woodenness, but he got 50.001 percent of the vote. >> he technically won they lx, but we won't go there. >> clutch delivery on the trump hair line. she barely got through that. if she says anything about the carpets matching the drapes and i am out. >> as i am telling my kids, game recognize game. somebody noticed what looked like a donald trump hat in tom brady's locker. the mvp confirmed it and explained why he had the to

taff. >> i have known him a long timing. he always gives me different motivation speeches. now that he is running for president he sent me a hat. >> he is actually voting for trump. you want to get in on that. you are like don't read that prompter. >> next vice president of the united states obviously. that's what this is about. and don't think i'm kidding. >> he may be going for it. in other news because there is always trump news the gop front runner says in an upcoming dye yoking graw fee because of his team at military prep school i fillet i was in the true sense because i dealt with those people. trump who was thought drafted said attending new york military academy gave him more training militarily than a lot of guys that go into the

military. we have video of trump in high school. take a look. >> it looks like him. >> you're fired. >> that was really him in high school. he looked good. he was like waters. >> it looks just like him. it does. first of all trump and brady, they should be friends. they are both winners. >> if you listen to the full quote he referred to the hat as somehow found its way into the locker. tom, you got off. stop acting like you are a passive character. he is general on the gridiron, but the locker room he is like, things are finding their way into my locker and deflating themselves. >> things happen. >> trump is saying that his military school background and

i guess it may be a lord of the flies kind of way. >> again is it still trolling if you believe it yourself? >> yeah, well people are just -- why not? i think it is harmless. he said he went to military school. i felt like i was in the military i was the boy scouts. >> isn't it like vaiing -- saying because you lie in bed watching a lot of porn it makes you a porn star? i don't know. you could go to the bronx high school of science and not be albert einstein. the two are not related. >> i think trump has a right -- he was talking to the by yoking graw fer and he fell out of favor with him and he told him to get lost.

he is not helping him anymore. what do you think? it is trump. >> i am on team trump on this one. i guarantee you -- people are out there vietnam in the bahamas and wake up at a early morning and sometimes breakfast didn't arrive at 3:30. traumatizing for this young man. difficult to be a young ugly donald trump. i will say with the hat to tom brady, tom brady is not the best quarterback of all times. aaron rodgers. >> let's go bats, let's talk. >> he was a great quarterback and we were talking about brady. you can say he was the greatest. >> jedediah, do you agree? >> i used to say my high

school was a military academy. it wasn't. it was a catholic school. the high schools were tough. they can be tough. i don't think he meant it in a bad way. he wanted to say look i was around that culture. with that being said this guy can 8 anything. he made a comment and it doesn't seem to matter what comes out of his mouth. no who he insults he is getting away from it. that's the bo the tom line. >> and he went there because i guess he was a troubled kid. >> which people love by the way. they like that he came back and he was to tossed. if you look at the stories when he was younger the one thing that came through was he was a problem solver. there is an issue and he went in and figured it out. the country is falling apart and they love him for it. >> he is also a good suspect like in casual suspect.

this guy has major medical problems. >> spoiler alert. >> come on. it is 20 years ago. coming up, she's a man. they are not really dead people. does -- is he happy to see me? and any pod casting equipment you may own, you can record nothing. throw it in. we have another pod casts, people. stick around. oh, look. we have a bunch of...

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comedians in a commercial, but others say payton has gone too far by associating barber shop harmony with something unpleasant. take a look. >> i sing with the 4 kings men. >> ♪ ♪ >> don't be like this me. >> and don't think americans are so easily fooled. despite the boater hats and the striped vest that's not real barber shop. i asked the ceo to comment. >> this performance by mr. manning was not authorized by the barber shop society. not only was it out of tune, but the melody was sung in the tenor part, a clear violation

of the rules. >> a clear vie lags? violation? was he insulting a great american art form? how is it it is that much higher than tom brady? he took in 12 million in endorsements to brady's 7 million. that's downright unamerican. >> ben is there any excuse for this? >> have i to say i love peyton manning because he owns every papa john's and i am a huge papa john's fan. >> what doesn't he endorse? he has papa john's he has directtv? he is the number one go to host for snl. he is a beast. he is a monster. he can do no wrong. >> why is he crushing tom brady? >> maybe he holds his comedy this his neck. maybe he has a long neck and

he has an odd looking dude. and usually athletes are not asule russ as he is. >> you think it is a sense of humor. i will give him that. he is funny. but he cash -- i'm sure you are a big fan of barber shop quartet. >> i love them. here is an an jept -- an ancient one. i am older than you. i love the barber shop quartet, but the reason that peyton manning has more endorsements is he is married to an american. he is married to an american. he didn't have to go abroad to find a broad. >> you may have hit upon it. >> i think tom brady is more of the luxury goods. he has ugg boots. can you picture peyton manning putting on ugg boots? >> you would think he made an error in judgment.

then you think, and -- it is me. i remember when he looked like "night of the living dead." >> i defended that artist did wasn't that bad. i don't think you should say anything about barber shops and his hair is hanging on a thread. >> he has had that a longtime. >> i hope he realizes how foolish he looked. he was reaching out to you. >> did you see the slow pan to show the venue they were singing in? >> i have sung in plenty of people. that's where we are most welcome smed jet do dye yaw, i believe people realize as the ceo of the barber shop quartet -- >> what do you think most

people realize it? >> i like a man with a sos voice and a gentle touch. i am not impressed by the sports player other than they are likable people. i thought they were singing beautifully and there is something to be said for this new wave of masculinity. you can sing a nice bedtime song to people like me. >> i have to get behind this. the idea that it is sexier to sing in a barber shop quartet than an nfl quarterback, that's the america i want to live in. >> he is singing me to sleep? one of those guys would be right by my side. >> you can buy a barber shop quartet when it is -- >> listen. john, you don't understand, that's the way rock -- that's

the way it happens. you won't believe the tail these guys are getting. >> the nerd will develop an app and sell it to google for a billion dollars. >> the women are lined up. it schlepped by us. >> -- it sliped by us. >> this conversation is fifth gender. i will have to op out. i don't want to offend my ameba fans. >> you identify as a barber shop quartet? >> i get my head cut by a russian guy who snaps my head. it brings his wife to a cell phone. >> but the thing is people can't relate to tom brady because of the supermodel witch and the unbelievable -- te >> the supermodel wife and the unbelievable good looks. >> i wish we can all go back in time. if i was back in high school

now, watch out. >> there is no time like the present to watch. first, here is the 2015barber shop champs showing payton how it is really done. ♪ [applause].

live from america's news headquarters. frightening moments late yesterday for passengers on board a british airways jet in vegas. the london bound plane was preparing for takeoff when thrapples suddenly began shooting out -- with flames suddenly began shooting out from one of the engines. all the people in the plane scrambled out of the jumbo jet and on to the tarmac as firefighters fought the fire. 14 people were taken to the hospital for injuries. dozens are back home safely after a close brush with disaster. a fast-moving wildfire forced the evacuation of homes near the l.a. and orange county line. firefighters managed to control the fleams with good aerial support. this has been a familiar scene throughout california all summer long. public school teachers will be walking peck cet -- picket

lines. they failed to avert a strike in washington state's largest school district. the walkout will leakily delay the new school year for 53,000 kids. and thousands upon thousands of men and women and children continue their trek toward western europe and away from their war and poverty of their homeland. conditions along the way are worsening. there is little food and shelter for the migrants as they desperately search for transportation to a better life. >> all countries have an obligation to take their fair share. that includes the united states and canada and australia and latin america and the far east. they all have a responsibility. >> after months of participation stephen colbert kicked off his new gig last night. he started at thed vol law van

van -- >> welcome back. time to typed out what we got wrong -- time to find out what we got wrong and what we missed. >> hi, tom, how are you? >> good. >> a lot of barber shop talk. we will get to that. let's start with hillary. >> yeah. >> joe, when you said you know who you are you don't have to reinvent yourself. instead of trying to get hillary funny and warm her -- she should try to be honest. >> she will have a better chance cracking wives. >> 8 boy can dream. john, you said hillary is the queen of the island of misfit toys. >> i find it offensive. a person who identifies as a

woman cannot be a king? >> yes. >> that's why i am offended. >> it was a lion, wasn't it? >> say again? >> wasn't the king of the island of misfit toys a lion? >> i think you are right. >> aflan. >> right. no, different story. >> it was cecil. >> too cute. >> rip. >> i was crying there. >> you also said that hillary is 60 plus years old and she can't reinvent herself. first of all she is 92. she has had it in the public 8 and now they say we need to show people the real hillary. >> they keep saying to see the real hillary. i think that we can start doubting.

>> her problem is we do know the real hillary. that's her problem. her presidential campaigns are like fantastic horror reboots. and then again. >> ben you said ibm's watch had more personality. and then you say hillary rebooted her e-mail more than your computer. >> i am loaded and super rich and thank you for all of the money, ibm. they pay me in straight cheese blocks. >> how about this one or joe or anyone on the panel who would like to answer this. except you, john. joan why. i don't know why. there is a chance she can do this pivot to being funny and warm and whatever. she has already done it. she can sit with ellen or fallon or seth meyers and those guys and as a deem the

crate they will help her appear warm and funny in a way they wouldn't do for a republican. >> if wes vai -- wes craven hadn't died i could have sworn he is writing her screen. >> i think at this point we will have to resort to trues smashing. >> could work. >> she should just hire barrow it and be done with it. donald trump and tom brady. tom, it is kind of -- at this point you have continued to defend both guys. i hey be under the impression there were records. >> no records necessary. >> they were taking videotapes of the team. i came in possession of video of my own that may shed light

on this. can we play that? >> i'm doing everything i can. i am doing stories every night of the week. i am doing my part. >> doing your part? >> doesn't matter where i got it. are you nine? >> it was out of context. >> were you saying it was selectively edited. >> yes. >> you faulted braye dye -- brady saying the hot made its way into his locker. so now that he is running for president he gave it to rkk found its way into the locker. he is the owner of the patriots and he is referred to the same way way as them.

you feel like you are in the military because you are in the boy scouts. >> you weren't. >> i felt that way. you can't deny my feelings. your feelings are invalid. jedediah, you said you are giving trump a pass. >> yes. >> you shouldn't. >> why? i went to a school that was like a military academy. i had to get my skirt tested every way. >> that tau will be taken. there is no point in dressing. >> i would like a glass of ice water. >> sure, but i say something like that and i am told get off the screen. >> sorry. peyton manning and barber shop. tom, you said some said payton has gone too far sm lit --

literally nobody is say thing it. >> there was a lot of chatter. >> a lot of chattering. >> maybe the people you talked to on your phone and in your office -- also tom you asked why manning's appeal to advertisers is greater than tom brady's. manning is not a cheater and brady is. >> that sounds liked for y'all y'all -- that sounds like editor eight lizing. >> you deflated the move on the set. don't think the fact i didn't laugh -- i can't believe you didn't laugh. it was right to the point. >> ben, you suggested that peyton manning holds his comedy if his neck.

>> how does that work? >> i don't know. i regret it. >> i thought maybe i needed to learn it. >> i have been bombing the who whole episode. not my frockest performance. >> if only hillary could say that. >> you suggested manning's appeal to advertisers is so much better than tom brady because he is married to an american. no, it is manning is a cheater and brady is. >> he was also a cheater on bridget money gnaw han. >> once a cheater, always a cheater. >> oh, andy, i never liked you as much as i like you right now. >> last week we said we would not believe how much tale those barber shop are getting. >> you're right. >> i am done. >> time for a break. first, here is what is

happening on the next kennedy. >> hi, "red eye" fans. on the next "combine gnaw de. it is jm -- jimmy falah. and the always interesting gavin mcguinness.

>> before we get to the next story, joe devito, you were pretty dismissive of barber shop. let's look at one of your

passions. >> yes. >> oh wow. >> that is a nearly perfect standing bow. >> actually? hello. it is very good posture. >> pretty good posture. viewers don't realize how big the pants are. a couple of d cells where the sun don't shine. who was taking the picture? >> i don't see how that is any of your business. the paparazzi. >> they are always watching. dear fat people. itit is not the right way to start a let tore santa claus. people are outraged that the youtube comedian made a article named request the dear fat people." oh i'm really mad at the individualy yo. you are going to shack me. you are going to chase me? it will be liking franken stein. i can get away walking at a

reasonable time. fat shaming. >> i am outraged too. people who make youtube videos are now called comedians. get out to the club. become bitter and drink too much. and i am annoyed she called franken shine's monster, frankenstein. that's not his name and you know it. >> with you donna tell the doctor they are being mean and fat shaming you and you have sheeter disease? >> she just said that >> people are calling her out for being a keyboard warrior. >> you can hide behind the message i care about you. that's why i am sending the message. >> well, i have a response too.

>> dear youtube comedian. don't do air quotes. when you do air quotes that's not funny. that's the whole video. >> what do you think of this new wave of youtube comedians? >> i will tell you. i think comedians need to be licensed by plumbers or something like that. i will sum it up. i did a search on her name and schedule and nothing came up. what you watch with someone doing an impression of a comedian, but there is nothing funny. i watched it and i am not saying it wasn't funny because i am offended. i am saying it is not funny because it sucked. it failed to produce humor. they said we should do an act out. but then i read somebody's response and they said i

watched that video and it triggered me. people can go home and [bleep] yourselves. you hospital be mean, but don't be a cry baby about it. you ignore someone like that who is a jerk. people aren't ignoring them. they seem to get millions of hits. >> how many? >> 17 million hits. so how can you argue with this currency? you and i are out there working are it for 35 people and we may criticize her, look what she is getting. >> it is regardless if it is positive record regard or kneeing sigh reward. negative reward. they want to call her fat. i will say as somebody who lost 160 pounds she brought up good points. park farther away from the wal-mart. i would park in the farthest

away parking lot. she also didn't mention vodka soda. >> you lost 150 pounds? >> and i gaifn daneed it all back this weekend. >> ben i don't think you are off. i think you are dead on. why don't you make a series of youtube videos with the wonderful tips. >> if you are struggling with weight out there, find me on twitter and we will go over it and i will let you into my world. some are illegal. >> i is comedy dead at this point? >> yes. just leave it there. >> let me tell you a story. my 11-year-old daughter is obsessed with a youtube comedian by the handle of require -- by the name of

miranda sings. she puts on make up and tinges badly and then misuses words. every 11-year-old in america thinks she is the funniest person in the world. when i was 11 i thought the marx brothers were funny so i am worried about the generation. >> all you have to do is feed it to them. they liked the marx brothers. >> this was the age -- justin bieber couldn't be. >> justin bieber is talented whether you hate him or not he is talented. >> think about how many bloggers are tv stars. tom, i wrote an article a few years ago, three, four, years ago. and i am sitting here because

somebody noticed it and said let's put her on tv and clearly they didn't know it. now you can find these people. i thought some of what she did was funny. what i liked about it is she pushes buttons. >> shy pushes buttonses. do you want a job in media? we will post things after.

coming up tomorrow on the next "red eye" cooper lawrence, gavin mcginnis and lou daabs. lou dabbs. set lasers to stunned. during saturday's half time show the kansas state marching band formed the image of the star ship ept prize fighting -- enterprise fighting the kansas jayhawk. except it looked to many people like something else. the band and the school president apologized for the formation. but the band's director said there was absolutely no intent to display anything other than the enterprise and the captain

fighting. i wonder if mother nature needs to apologize for cloud formation. kansas state announced it would pay a $5,000 fine to the big 12 and the school would suspend the band's director for k state's game against kansas in november. what is going on? >> who cares ? >> all i saw was the enterprise. what did you see? >> i saw a duck succeeding off the enterprise. who cares? it is a college football game. everyone is drunk and they are about to do terrible things in their dorm rooms with one another. if thig they are -- if anything it is a band of art. they did a great job. i can't walk in a line like that in unity with other people. that was straight out of north korea. >> all i see is the enterprise. i don't even know what they are talking about.

>> i can't make any sense out of what is going on there whatsoever, but i will say that the enterprise has a lot more important things to do than might the jayhawks. they have to introduce the declaration of independence to some people. the enterprise is a busy, busy space ship. >> jedediah, you love nerds. is john moore attractive to you now? >> i am trying to control myself. there is somebody between us. i think people see where their mind is. if you are prone to having a filthy mind you see dirty stuff. that's why everyone is outraged because everyone is filthy. if everyone was normal we would laugh it off and the guy would apologize. you have to pay money for this? >> that's nuts. >> are people guilty?

>> they were not even playing kansas. i think there is space engine there. >> that does it for me. i'm tom shillue and i will see you next time.

breaking tonight new drama in a fight over religious liberty that is churning through the 2016 race for the white house. as a small town clerk suggests she may defy the deal that got her released from jail just a few hours ago. welcome to "the kelly file." i'm megyn kelly. hours ago a judge unexpectedly ordered the release of kim davis, a county clerk in kentucky. she left the lockup flanked by her lawyer and presidential candidate mike huckabee. five days ago a federal judge ordered davis behind bars after she refused to issue marriage licenses to same-sex coups.